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(영문) 수원지방법원 평택지원 2018.11.29 2018고단1182
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, “2018 Highest 1182, the Defendant, as the representative director of Ansan-si B and C, is an employer who runs a manufacturing business using five full-time workers.

1. Where a worker retires from office, an employer who has committed a crime subject to payment of wages shall pay the wages, etc. within 14 days after the cause for such payment occurred, unless agreed by the parties;

Nevertheless, the Defendant had worked in the said workplace from May 9, 2013 to February 28, 2018, and had retired workers D’ wages of KRW 1,300,320 on March 3, 2017, and KRW 26,60,320 on a monthly basis from April 9, 2017 to February 2018, the Defendant did not pay KRW 26,30,320 on a monthly wage of KRW 2,30,000 within 14 days from the date when the cause for payment occurred without an agreement between the parties.

2. An employer who has committed a crime involving payment of retirement allowances shall, where a worker retires, pay such retirement allowances within 14 days after the ground for such payment occurred, unless agreed by the parties concerned.

Nevertheless, the Defendant worked in the said workplace from May 9, 2013 to February 28, 2018, and did not pay KRW 11,071,50,347, a total of KRW 18,921,853, as well as KRW 14 days from August 12, 2015 to November 21, 2017 of the retirement allowances of retired workers E who worked in the said workplace and retired workers from the said workplace, within 14 days from the date on which the cause for the payment thereof occurred, without any agreement between the parties.

The defendant of the 2018 Highest 1358 is the representative director of the C Co., Ltd. in Ansan-si B or 3 Dong, who is an employer who runs the manufacturing business using five full-time workers.

1. An employer in violation of the Labor Standards Act shall, in cases where a worker retires, pay the wages, etc. within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant worked in the above workplace from July 1, 2013 to June 30, 2018, and without agreement between the parties, KRW 48,329,140 of the F’s wages.

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