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(영문) 광주지방법원 목포지원 2016.01.19 2015고단1579
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who actually operates the (oil)C engaged in the business of manufacturing vessel components in Yongama-gun B.

(a) An employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the employer has agreed on the extension of the date, when the employee retires;

From August 12, 2014 to May 16, 2015, the Defendant did not pay KRW 1,650,000 on April 4, 2015 of D that was retired when he/she worked in UC and did not pay KRW 1,650,00, and the Defendant did not pay KRW 109,737,667, total amount of wages of 27 employees of U.S.C. as indicated in the calculation of the amount of delayed payment.

As a result, the Defendant did not pay wages within 14 days from the date of retirement of the employee without an agreement on extension of payment period between the parties.

(b) An employer who violates the Guarantee of Retirement Benefits of Workers shall, when a worker retires, pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the employer has agreed on the extension of the date.

From April 25, 2014 to June 26, 2015, the Defendant did not pay the total of 57,913,100 retirement allowances, including 3,683,160 won of E retirement allowances retired from office while serving in the United StatesC from April 25, 2014 to June 26, 2015.

Accordingly, the Defendant did not pay a retirement allowance within 14 days from the date of his retirement without an agreement on extension of the payment date between the parties concerned.

2. The facts charged in the instant case are those falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for respective workers, Articles 109(1) and 36 of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Retirement Benefits for Workers, and Article 109(2) of the Labor Standards Act shall not be prosecuted against the express will of the victims pursuant to Article 109(2) of the Labor Standards Act.

In this regard, according to the records of this case, all workers of this case in the facts charged of this case are the same.

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