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(영문) 인천지방법원 부천지원 2018.10.18 2018고단1183
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged [2018 Highest 1183] The Defendant is a representative of D (ju) in Kimpo-si, Kimpo-si, who runs a manufacturing business using 14 full-time workers.

(a) 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 14 days after the cause for such payment occurred;

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

Defendant 1 worked from March 3, 2014 to November 30, 2017 at the above workplace and retired E’s wages of KRW 3,450,00 on August 8, 2017, and did not pay KRW 49,50,050 in total for six retired workers within 14 days from the date of occurrence of the relevant payment cause without agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Table.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Defendant did not pay KRW 23,710,607, total retirement allowances of two retired workers, including KRW 12,797,666, who worked from March 3, 2014 to November 30, 2017 at the said workplace and retired from office, within 14 days from the date of occurrence of the relevant payment cause without agreement between the parties on the extension of the payment date, as stated in the list of crimes in the attached Table.

[2018 Highest 1573] The Defendant is an employer who runs the business of manufacturing LED lighting, etc. using four full-time workers as the representative of “GGS Co., Ltd.” located in the F of Kimpo-si.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant at the above workplace on October 201.

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