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(영문) 춘천지방법원 원주지원 2019.01.23 2018고단1181
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

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

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all 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 Defendant is working in the above workplace from March 2, 2010 to December 21, 2017.

A retired worker D’s total amount of KRW 3,359,970 on November 201, 2017 and KRW 12,421,730 on December 2017, 2017, including the fact that he/she did not pay KRW 3,359,970 on December 1, 2017 within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, and as indicated in the attached list of crimes, he/she did not pay KRW 12,421,730 on December 12, 2017, as indicated in the attached list of crimes.

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

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

Nevertheless, the Defendant is working in the above workplace from March 2, 2010 to December 21, 2017.

1,540,644 of retirement allowances of retired workers D, including the fact that the retirement allowances of 42,492,714 won were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties, and that the total amount of retirement allowances of 42,492,714 won was not paid within 14 days from the date of each retirement.

The defendant of "2018 Highest 1365" is the representative director of the C& corporation located in Gangwon-gun B, who ordinarily employs 17 workers.

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