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(영문) 수원지방법원 성남지원 2017.06.16 2017고단612
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

(a) 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;

Nevertheless, the Defendant did not pay the total amount of D wage of KRW 3,420,00, which was worked in the instant workplace from April 1, 2014 to November 30, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, as well as the total amount of KRW 10,664,483 (D, E, and F) of the three (14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, from April 1, 2014 to November 30, 2016, the Defendant did not pay KRW 8,506,848 of retirement pay to employees D who worked at the workplace as described in paragraph 1 operated by the Defendant, and did not pay KRW 15,898,607 in total within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, without any agreement on the extension of the payment deadline between the parties.

2. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits: Article 109(2) of the Labor Standards Act, and Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits after the indictment of the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, which is applicable to the facts charged of judgment: The judgment dismissing each victim’s non-prosecution of punishment on March 27, 2017 (Article 327 subparag. 6 of the Criminal Procedure Act)

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