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(영문) 춘천지방법원 원주지원 2018.07.25 2018고단256
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged is that the defendant, as the representative director of Gangwon-gun B (ju), is an employer who runs the manufacturing business of lighting fixtures using 60 to 68 full-time workers.

1. 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 4,11,95 in January 1, 2015, and KRW 3,111,95 in March 2015, and KRW 4,166,60 in April 1, 2016, the wage of KRW 4,166,60 in April 2016, and KRW 2,410,720 in December 2016, and KRW 2,726,95 in March 2, 2017, and KRW 1,94,450 in April 1, 2017, and KRW 18,527,440 in April 14, 2017, without agreement between the parties on the extension of payment.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, from April 1, 2014 to April 14, 2017, the Defendant worked as the head of the business at the pertinent workplace, and did not pay 29,45,079 won of retirement allowances of retired workers E, which were worked from April 8, 2009 to October 31, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period.

Judgment

Article 327 subparag. 6 of the Criminal Procedure Act, which provides for no punishment for the victim's non-compliance;

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