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(영문) 의정부지방법원 고양지원 2015.01.28 2014고정1049
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged is the representative of the C company in Gyeonggi-do, who is engaged in the manufacturing industry, such as a power plant, with ten 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 other money or valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned;

Nevertheless, the Defendant did not pay KRW 1,096,610 of the wages of d's retired workers who were employed in the said workplace from January 2, 2012 to May 25, 2013, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date between the parties. Moreover, the Defendant did not pay KRW 4,412,580, total amount of money and valuables to be paid to four workers for four times in total, as shown in attached crime list 1, as between around August 31, 2013 (based on the date of retirement).

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him retirement allowances within fourteen days after any cause for such payment occurred, unless the payment is extended by agreement between the parties concerned.

Nevertheless, the Defendant, while working from March 1, 2009 to November 30, 2012, did not pay KRW 633,422 of retirement pay to retired workers E within 14 days from the date of his/her retirement without an agreement on the extension of the due date for payment between the parties. Moreover, the Defendant did not pay KRW 13,474,068 in total for six employees on six occasions as shown in the separate crime list 2 from around that time to August 31, 2013 (based on the retirement date) as shown in the separate crime list 2.

Judgment

The facts charged in this case are as follows: Articles 109(1) and 36 of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

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