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(영문) 의정부지방법원 고양지원 2019.07.11 2019고정257
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the “C Hospital” in the facts charged of the instant case, is an employer who has run a medical business using approximately 70 full-time workers. A.

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

Nevertheless, the Defendant, from February 28, 2017 to August 31, 2018, did not pay KRW 6,780,080 in total amount of wages and KRW 696,210 in the year-end year-end settlement from July 2018 to August 2018, and did not pay KRW 21,118,00 in total, including four workers’ wages, within 14 days from the date of retirement without agreement on extension of the due date, as shown in the attached crime list, as shown in the attached Table.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, while working at the above hospital from February 28, 2017 to August 31, 2018, did not pay KRW 4,770,645 of D retirement pay, which was retired, within 14 days from the date of retirement without agreement on the extension of the payment due date, and did not pay KRW 16,414,864 in total for three employees as shown in the attached crime list, as shown in the attached crime list.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act (the point where wages are unpaid), subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point where retirement allowances are unpaid);

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. The non-prosecution of punishment: The workers indicated in the annexed list of crimes after the prosecution of this case are instituted against the defendant.

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