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(영문) 인천지방법원 2017.03.30 2016고정3552
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged of the instant case is “2016 High 3552, the Defendant, as the representative of C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, who employs five full-time workers, engaging in the manufacturing industry.”

(a) When a worker dies or retires, the employer 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 total amount of KRW 7,049,99 within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, as shown in the list of crimes in the attached Table, including KRW 1,80,00,00 of the wages of KRW 1,80,00 of March 201 of the retired workers D, who were employed in the said workplace from January 15, 201 to April 25, 2016.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 16,65,951 as well as KRW 9,487,719 of D retirement allowances retired from the said workplace from January 15, 201 to April 25, 2016, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without agreement on the extension of the payment deadline, as well as the details of the list of crimes in the attached Form.

The defendant of "2016 High 3416" is the representative of C in Bupyeong-gu Incheon Metropolitan City, who employs five full-time workers and operates a manufacturing business (regular season).

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

except that there are special circumstances.

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