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(영문) 수원지방법원 성남지원 2018.12.11 2018고단673
근로기준법위반등
Text

The defendant shall be innocent.

Reasons

In the facts charged, Defendant 2 is the representative of the Dispute Resolution Co., Ltd. in the fourth floor of the D Building in Seongbuk-gu, Sungnam-si, and is an employer who operates the service business by employing 20 full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the defendant employed from March 21, 2016 to July 31, 2017 at the above workplace, and did not pay 51,490,450 won in total for 12 workers, including 4,222,00 won in the attached Table 1, as well as 51,490 won in the amount of wages for 12 workers, within 14 days from each retirement without any agreement on extension of payment date between the parties concerned.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant, from March 21, 2016 to July 31, 2017, did not pay KRW 22,025,031 in total for eight employees, as stated in the list of crimes in attached Table 1, as well as KRW 2,267,810, who worked and retired at the above workplace, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned.

Defendant 2 is the representative of the Dispute Resolution Co., Ltd. in the fourth floor of the D Building in Seongbuk-gu, Sungnam-si, and is an employer who operates service business by employing 20 full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the defendant is from January 13, 2016 when he belongs to the above workplace.

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