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(영문) 수원지방법원 안산지원 2015.08.12 2015고단1495
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the representative of C Co., Ltd. located in B when the game is light, runs a construction business with four regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 KRW D’s wages of KRW 932,178 on February 2, 2015, which had worked from July 22, 2013 to February 12, 2015 at the above workplace, within 14 days from the date of retirement in which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 KRW D retirement allowance of KRW 3,362,573 working from August 22, 2013 to February 12, 2015 at the same place of business within 14 days from the date of retirement in which the cause for the payment occurred without agreement between the parties on the extension of the due date.

2. Crimes of non-compliance with judgment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, dismissal of a worker's criminal intent to punish the defendant after prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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