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(영문) 수원지방법원 안양지원 2020.07.23 2019고단2454
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is the representative of the Gu building B and the State of (State) D during Ansan-si, who runs civil engineering and design service business using 20 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker 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 47,536,002 won in total for five workers, as shown in the attached crime list, as well as 47,536,002 won in total, who worked from February 10, 2016 to June 30, 2019 at the above workplace, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

2. 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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 4,755,321 won in total, including the above E retirement allowance of 13,117,263 won, within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the separate crime list.

The defendant of "20, 2020, 40" is the representative of the Dispute Resolution Co., Ltd. located in Pyeongtaek-gunF in Gangwon-do, who runs the manufacturing industry by using 14 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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, it is not possible.

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