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(영문) 수원지방법원 여주지원 2017.05.26 2017고단383
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged [2017 Highest 383] The Defendant is an employer who has employed ten full-time workers as “C” business operators and operated Seoyang restaurant business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause occurs;

From July 24, 2012 to September 30, 2016, the Defendant did not pay 49,486,810 won in total for four workers within 14 days from the date of retirement, as stated in the list of crimes in the attached Table, including D’s wage of 3,01,660 won on December 2, 2015, which had worked at the said workplace from July 24, 2012 to September 30, 2016.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

From July 24, 2012 to September 30, 2016, the Defendant did not pay KRW 12,712,020 in total for four employees, including KRW 31,807,880, as stated in the list of crimes in the attached Table, within 14 days from the date of retirement, as well as KRW 12,712,020, which had worked at the aforementioned workplace from July 24, 2012.

[2017 Highest 562] The Defendant is an employer who has employed 10 full-time workers as a business owner of Lestop in Gyeonggi-si B.

When a worker dies or retires, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause occurs.

Nevertheless, the Defendant, as indicated in the list of crimes in attached Form E, worked in the above workplace from September 1, 2010 to September 30, 2016, and retired workers E, paid a total of KRW 24,00,000 and KRW 8,932,97 for employees E, as stated in the list of crimes in attached Table, as well as KRW 1,50,000.

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