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(영문) 수원지방법원 평택지원 2015.07.24 2015고단457
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. The Defendant, as the representative director of Pyeongtaek Co., Ltd., Ltd., in Pyeongtaek-si D, retired from office by using 25 full-time workers, paid wages, compensations, and all other money, valuables, and retirement allowances within 14 days from the time when the cause for such payment occurred, but the Defendant did not pay 88,701,421 and F retirement allowances for eight workers including 12,48,89,89, and 14 days from the date of the extension of the payment period without agreement between the parties concerned, as described in attached Table (1) of the Crimes List of Attached Crimes (including 8,701,519,989, total amount of retirement allowances for seven workers as well as 13,519,989, and 7 employees as described in attached Table (1).

B. The Defendant, as the representative director of Pyeongtaek Co., Ltd. in Pyeongtaek-si D, is an employer who operates the automobile parts manufacturing business using 25 full-time workers; where a worker retires, he/she shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days from the time when the cause for the payment thereof occurred; however, the Defendant did not pay five workers totaling KRW 45,340,249, and KRW 33,895,105, and KRW 57,983,107, and KRW 107, as described in the attached list of crimes (2) as well as KRW 45,76,715, including the total amount of wages to the retired worker G, and did not pay five workers totaling KRW 14,76,715, as stated in the attached list of crimes (2) within 14 days from the date of the extension of the payment period without agreement between the parties concerned.

2. Each of the above facts charged is governed by Articles 109(1) and 36 of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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