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(영문) 수원지방법원 2021.01.19 2020고단7372
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of “A” in the Gyeonggi-do Co., Ltd., and is an employer who runs the manufacturing business of special-purpose machinery using 23 full-time workers.

(a) If a worker dies or retires from office due to overdue payment of money or other valuables to the retired worker, the employer shall pay the worker wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties concerned;

Nevertheless, the Defendant, from February 28, 2013 to May 1, 2020, did not pay KRW 1,190,400 for the annual allowance of retired workers D within 14 days from the date of retirement without agreement between the parties, and did not pay KRW 10,453,656 for the total amount of money and valuables of five workers within 14 days from the date of each retirement without agreement between the parties.

(b) Except as otherwise expressly provided for in Acts and subordinate statutes or an organization agreement, wages in violation of the Labor Standards Act due to the delayed payment of wages to employed workers shall be paid in full to workers in currency at least once a month on a fixed date;

Nevertheless, on October 4, 2005, the Defendant did not pay the full amount of KRW 2,60,000 on April 15, 2020 of the worker E, who was enrolled in the Dispute Resolution Co., Ltd. on April 4, 2005, as well as the total amount of KRW 47,486,634 on April 15, 2020, which is the date of regular wage payment, as shown in the attached Table 2 list of crimes.

(c)

An employer who violates the Guarantee of Retirement Benefits of Workers shall, where a worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless agreed by the parties.

Nevertheless, the Defendant, from May 10, 2010 to October 11, 2019, has served in the above dispute resolution committee and has been working in the above dispute resolution committee, 37.

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