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(영문) 의정부지방법원 2017.09.22 2016고단5194
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant is a representative director of the company C (ju) located in Gyeonggi-do, and is an employer who operates an advertising signboard manufacturing company using 11 full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the defendant did not make an agreement on the total amount of D'd wages 201,612, July 2014, 2014, wages 1,68,590, wages 1,167,75 won in March 2015, wages 1,670,460, 1,674,150 won in April 2015, 1,678, 364, 368, 206, 368, 208, 364, 206, 364, 206, 368, 208, 206, 364, 206, 368, 206, 364, 206, 207, 364, 208, 206, 208, 306, 2016, 306, 2016, 206, 3616

When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the retirement allowance within 14 days from the date of such retirement unless there exists an agreement on the extension of the payment deadline.

Nevertheless, the Defendant did not pay 17,249,450 won of D’s retirement allowance balance within 14 days from the date of retirement, in the absence of an agreement on the extension of the payment period between the parties, at the same place of business from November 29, 2010 to June 30, 2016.

Maz.

1. Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

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

3. Declaration of non-existence of punishment: on January 2017.

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