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(영문) 의정부지방법원 2017.08.11 2017고단1071
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of the “C” in the Gyeonggi-do Seocheon-si B, is an employer who runs the manufacturing business and the hotel business using 32 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 KRW 2,258,050 of the wages of 24 workers retired while working in the said workplace from May 1, 2015 to December 20, 2016, and did not pay KRW 47,031,560 of the wages of 24 workers retired as stated in the attached list of crimes, such as in the attached list of crimes.

2. An employer shall, when a worker dies or retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

However, in special circumstances, the payment date may be extended by mutual agreement between the parties. Nevertheless, the Defendant did not pay KRW 5,649,410 of retirement allowances of retired workers D while working in the same workplace from May 1, 2015 to December 20, 2016, and did not pay KRW 83,18,886 of retirement allowances of retired workers within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, as stated in the list of crimes in the attached Form.

2. Determination

1. Violation of the Labor Standards Act;

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

B. After the prosecution of this case, a written application for coal punishment stating the worker's expression of non-original intent to punish is submitted.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

2. The violation of the Guarantee of Retirement Benefits of Workers

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