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(영문) 의정부지방법원 고양지원 2017.09.14 2016고단521
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged in the instant case [2016 high group 521] Defendant is the employer who runs the automobile import and sales business using 30 full-time workers as the representative director located in Seo-gu, Seo-gu, Busan, 902 (ju), Goyang-si, and 30 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 9,976,180 in total, including KRW 320,210, Jun. 6, 2015, as well as KRW 9,976,180, from the date of retirement to October 31, 2015, as well as KRW 320,210 of the retired worker F, working in the said workplace from May 6, 2013 to October 31, 2015.

In addition, the Defendant was working from around the above day to November 1, 2015 as shown in the attached list 1 of the daily list of crimes committed by the Defendant and did not pay the total of nine workers, total of KRW 129,806,319 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

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

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay 6,496,730 won of F's retirement allowance of retired workers who worked from the above workplace from May 6, 2013 to October 31, 2015 within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

In addition, the Defendant is working from around the above day to November 1, 2015, and the total amount of 9 employees and 52,533,239 won of retirement allowances is extended between the parties.

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