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(영문) 수원지방법원 성남지원 2017.07.26 2017고단1431
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

I. The facts charged in this case

1. Violation of the Labor Standards Act;

(a) An employer shall pay the wages of workers at least once a month on a fixed date;

Nevertheless, the defendant is the employer, who is the representative of Seongbuk-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and 406, and D-D's total amount of wages of 3,083,30 won and wages of 3,083,30 won and wages of 3,083,30 won on July 2016, the defendant did not pay 6,16,660 won on a fixed date at least once a month.

(b) An employer shall, if a worker retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 3,36,339, respectively, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties to the business place described in the foregoing paragraph (a), and KRW 2,250,000, and KRW 3,336,339, which served from October 26, 2009 to June 10, 2016.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant did not pay KRW 19,647,819 of G retirement allowances of workers who worked at the place of business described in paragraph (1) from December 9, 2013 to July 5, 2016, KRW 5,700,00, KRW 20,306,673, and KRW 19,647,819 of G retirement allowances of workers who worked at the place of business described in paragraph (1) from October 26, 2009 to June 10, 2016, respectively, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

II. Judgment

(a) applicable legal provisions - Articles 109(1) and 36 of the Labor Standards Act - Articles 109(1) and 43(2) of the Labor Standards Act - Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Security Act;

(b) Offense of Non-Punishment for Workers - Article 109(2) of the Labor Standards Act - the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act

C. After filing a prosecution, the expression of intention not to grant punishment: July 5, 2017.

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