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(영문) 수원지방법원 안양지원 2017.06.09 2015고정1129
근로기준법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is the representative director of the D Co., Ltd. in Ansan-gu, and the defendant is the employer who is engaged in the urban facility construction business of Sejong-si E and F living zone using 50 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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of 4.72 million won for the extension of the payment date to 14 days from the date of retirement without agreement between the parties concerned, as well as the total of 2.65,000 won, including the total of 1.5 million won of the part-time wage of November 2013, 2013, and the total of 1.125,000 won of the part-time wage of December 2013, 2013, as well as the total of 15,000 won of the part-time wage of December 2, 2013.

Judgment

Workers G-related circumstances that may be recognized by the evidence duly examined by this court, i.e., the following circumstances, (i) the worker G did not receive wages at the same or similar time as the worker G.

With the same worker H, I, J, K, L, etc., the appeal of this case was filed against the Defendant or the lawsuit claiming wage (Seoul Daejeon District Court 2015 A. 42446), both workers G and the above workers were withdrawn from the lawsuit claiming wage, and both workers G and the above workers were dismissed by the prosecutor’s revocation of the prosecution on the violation of the Labor Standards Act by indicating the Defendant’s punishment in this case. In the case of workers G, the prosecutor’s dismissal was made. In the case of workers G, it is difficult to confirm the intent because the contact was not contact at present, and ② the Defendant paid wages to G, etc. at once.

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