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(영문) 수원지방법원 평택지원 2015.07.23 2015고단707
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative director of C, a stock company located in Pyeongtaek-si B of Gyeonggi-do, who runs the manufacturing business.

When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant worked in the above workplace from November 1, 2005 to April 13, 2015, and did not pay the total amount of KRW 26,591,310 for three workers, as shown in the attached crime list, as well as KRW 1,70,400 for November 1, 2014 of retired workers D, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

(b) 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

Nevertheless, the Defendant did not pay the total amount of KRW 94,424,745 as well as KRW 18,031,623 as well as KRW 94,424,745 to six employees at the above workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

2. That the withdrawal of a petition by the workers who have reasons for dismissing the public prosecution does not want to be punished by the defendant has been submitted;

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