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(영문) 의정부지방법원 고양지원 2015.03.11 2014고단2176
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged [2014 Highest 2176] The Defendant is the representative of D Co., Ltd. in Pakistan, who is a full-time worker 15 workers. A.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless the date is extended by agreement between the parties concerned.

Nevertheless, the Defendant did not pay 7,45,00 won of wages E of workers E, who retired while working in the said workplace from around December 1, 2009 to June 30, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties concerned, as shown in the list of crimes in attached Table, between April 18, 2014 and June 30, 2014 (based on the date of retirement) and June 30, 2014, 12,393,030 won of total five workers’ wages from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

(b) An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment has been extended by agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 7,472,660 of the aforementioned E’s retirement pay within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, and did not pay KRW 34,779,960 of the total amount of five retirement pay from April 18, 2014 to June 30, 2014 (based on the retirement date) as shown in the separate list of crimes in the separate list of crimes.

[2014 Highest 2562] The Defendant, as the representative of D Co., Ltd. in Gyeonggi-si Co., Ltd., Ltd., running an excessive manufacturing business using 15 full-time workers.

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