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(영문) 수원지방법원 평택지원 2017.05.10 2017고단132
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged in this case

A. The Defendant in violation of the Labor Standards Act is the representative director of the C Stock Company in Ansan-si B, who runs the manufacturing business of chemical products using five full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay the total of KRW 54,05,062, including KRW 3,760,193, Sept. 9, 2014, to retired workers D, who worked from the said workplace from April 1, 2015 to September 30, 2016, within 14 days from the date of retirement without the agreement of the parties to the extension of the payment date.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, the Defendant did not pay KRW 15,831,114 of retirement allowances of retired workers D within 14 days from the date of retirement without the agreement of the parties to the extension of the payment deadline, as it worked from April 1, 2015 to September 30, 2016 at the above workplace.

2. Reasons for dismissing the prosecution - An agreement which states that a defendant does not want to be punished has been submitted.

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