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(영문) 수원지방법원안양지원 2020.11.26 2020고정476
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant, as the representative of the Gu building B and D Co., Ltd., in the Gyeonggi-do, is an employer who runs a manufacturing business using 12 full-time workers.

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.

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

Nevertheless, the Defendant is working in the foregoing workplace from August 14, 2017 to December 31, 2019.

3,00,000 won in September 2019, the wage of 3,00,000,000 won in October, 11, the wage of 3,00,000,000 won in November, and the wage of 3,00,000,000 won in December, and 972,100 won in total, plus 548,890, 1,520, 990 won in year-end year-end year-end settlement refund in 2018, and 90 won in total, did not pay 13,520,90 won in total, without any agreement between the parties to the extension of the payment date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working in the foregoing workplace from August 14, 2017 to December 31, 2019.

The retirement allowance of retired workers E was not paid 6,995,235 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Judgment

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) On November 6, 2020 after the institution of public prosecution, the victim is not subject to punishment;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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