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(영문) 수원지방법원 안산지원 2018.03.08 2017고단1450
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates F Co., Ltd. located in E at the beginning of the facts charged.

1) When an employee dies or retires, the employer shall pay the employee wages, compensations, 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, from January 5, 201 to December 31, 2012, the Defendant did not pay 48,691,736 won in total for four workers within 14 days from the date of retirement, as well as 1,64,00 won in November 2012 of G, which worked in F Co., Ltd., Ltd., Ltd., Ltd., the Defendant, as shown in attached Table 1, as in the case of the first period of crime inundation, without any agreement on the extension of payment period between the parties.

B) Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to extraordinary wages, allowances, or other equivalents, or those wages prescribed by Presidential Decree.

Nevertheless, on April 25, 2012, the Defendant did not pay KRW 1,212,00 for workers H’ wage in April 2012 and KRW 2,028,000 for workers’ first wage in April 2012, as well as KRW 1,800,00 for workers’ JJ’s wage in April 2012, and KRW 1,664,000 for workers’ wage in April 2012.

2) An employer who violates the Act on the Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the employee retires.

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

Nevertheless, from July 12, 1997 to December 31, 2012, the Defendant paid KRW 17,239,410 of G retirement pay within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

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