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(영문) 광주지방법원 2020.09.23 2019고단3720
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The facts charged [Status of the Defendant] The Defendant is the representative of the C Hospital in Seo-gu in Gwangju, who ordinarily employs 70 workers and operates health business.

【Criminal Facts】

When a worker dies or retires, an employer of the 2019 Highest 3720" shall pay the wages, retirement allowances, and any 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, while working in the foregoing workplace from March 25, 2019 to July 3, 2019, did not pay the total of KRW 1,824,780 of wages and retirement allowances of retired workers D within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, and did not pay the total of KRW 9,485,245 of wages and retirement allowances of 13 workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned as shown in the attached list 1 of crimes.

When a worker dies or retires, an employer of the 2020 Height 900 shall pay the wages, retirement allowances, and all other money and 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 3,675,030 of wages and other money and valuables of retired workers E in the said workplace from June 10, 2019 to September 12, 2019 within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, as shown in attached Table 2, and did not pay the total of KRW 490,569,920 of wages and retirement allowances of 60 workers within 14 days from the date of retirement, as shown in attached Table 2.

2. Determination

(a) Applicable provisions of Acts: Article 109 of the Labor Standards Act;

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