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(영문) 의정부지방법원 고양지원 2020.02.04 2019고단642
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as a representative in C in the Gyeonggi-do, is an employer who runs a furniture manufacturing business using eight 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 did not pay the total of KRW 37,50,000,000 for eight workers’ wages from around March 1, 2016 to August 30, 2018, as indicated in the separate crime list, without agreement on extension of the payment date, within 14 days from the date of retirement, as shown in the separate crime list, including the total of KRW 37,50,000 from October 1, 2017 to August 2018.

(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 did not pay KRW 9,053,871 as well as KRW 67,632,716 in total for eight employees, as shown in the list of crimes in the attached Table, as well as KRW 9,053,871, who retired from the said workplace from March 1, 2016 to August 30, 2018, within 14 days from the date of retirement without an agreement on extension of the due date.

2. Provisions of applicable provisions to criminal facts: Each of the former Labor Standards Act (Amended by Act No. 16270, Jan. 15, 2019); Article 109 (1) and Article 36 of the same Act (Amended by Act No. 16270, Jan. 15, 2019); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 109 (2) of the Labor Standards Act; Article 44 of the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act; and Article 327 subparag. 6 of the Criminal Procedure Act;

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