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(영문) 인천지방법원 부천지원 2015.07.22 2015고단1419
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the (ju) C of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, runs an information and communications construction business using five regular workers.

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, at the above workplace from April 16, 208 to July 21, 2014, did not pay 52,384,962 won (the total amount of unpaid wages 5,641,129 won and retirement allowances 9,229,417 won, the total amount of unpaid wages 11,721,774 won, retirement allowances and retirement allowances 7,810,044 won, the total amount of unpaid unpaid wages 15,182,74 won, the total amount of unpaid wages 19,839,285 won and retirement allowances 11,23,815 won) within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

2. Provisions of applicable provisions to the facts charged in judgment: Article 109(1) and Article 36 of the Labor Standards Act, main sentence of Article 44 and Article 9 of the Act on Guarantee of Workers' Retirement Benefits (limited to applicable provisions to the F in violation of the Labor Standards Act): Article 109(2) of the Labor Standards Act, Article 44 of the Act on Guarantee of Workers' Retirement Benefits, and Article 109(2) of the Act on Guarantee of Workers' Retirement Benefits, and Article 327 subparag. 6 of the Criminal Procedure Act, which are subsequent to the prosecution,

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