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(영문) 수원지방법원 2021.03.25 2020고정2020
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is a medical corporation C representative in Osan City, who runs a medical business using 21 full-time workers.

(a) Where an employee dies or retires, an employer unpaid such as wages shall pay the wages, compensations, and all 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 the sum of D's wages 1,22,181 won on July 1, 2019, which had been employed from March 10, 2014 to September 30, 2019, wages 2,222,181 won on September 2, 2019, annual settlement refund 148,420 won on the year 2017, annual settlement refund 115,870 won, annual 200 won, annual 413,760 won, annual 4,122,412 won, and annual 30,000 won from October 2, 2014 to December 31, 2019, the total amount of wages 17,780 won on the 2015 annual settlement 16,710,570 won on the 203th day of the year 2015, 2017.

(b) An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days after the grounds for payment occur, in cases where the employee retires;

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

Nevertheless, the defendant did not pay 12,096,261 won of D's retirement pay, 13,456,880 won of E's retirement pay, and 14 days from the date of retirement in which the reason for payment occurred, without any agreement between the parties on the extension of payment period.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Workers’ Retirement Benefit Security Act.

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