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(영문) 수원지방법원 안산지원 2015.10.28 2015고단2253
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative C Co., Ltd. located in Ansan-si, Gyeonggi-do, who ordinarily employs four workers and engages in manufacturing business, such as film display and processing. A.

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 the amount of KRW 2,54,962, the sum of the wages 1,081,088,00,000 among the aforementioned workplaces from July 16, 2013 to November 30, 2014, and the amount of KRW 1,463,874, and the amount of KRW 2,54,962, as of July 27, 2010, which had worked between July 27, 2010 to March 13, 2015.

(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 suspect did not pay the total of 11,460,151 of the retirement allowances of two workers including the above D retirement allowances of KRW 3,109,408 and E retirement allowances of KRW 8,350,743, etc. within 14 days from the date of retirement without any agreement between the parties to the payment.

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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