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(영문) 수원지방법원 여주지원 2020.03.31 2019고정238
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a user who operates a riding club using 20 full-time workers as the representative of the C Center located in Leecheon-si.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the overdue wages of KRW 11,160,260 and retirement allowances of KRW 35,584,572 of workers D, who worked in the above workplace from January 1, 2008 to September 9, 2018, within 14 days after the Defendant retired from the workplace without an agreement between the parties.

Judgment

The above facts charged fall under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits. The workers D do not want to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 327 subparag.

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