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(영문) 수원지방법원 평택지원 2015.11.19 2015고단1142
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative director of C of a stock company in Ansan-si in Gyeonggi-do, who runs the manufacturing business using 15 full-time workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, while working in the foregoing workplace from January 2, 2014 to March 20, 2015, did not pay the total of 94,791,143 won, including 6,937,097 won, of retired workers D, within 14 days without agreement between the parties to the extension of the due date, as shown in the attached crime list.

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

Nevertheless, the Defendant did not pay 28,026,920 won, including 5,062,730 won of retirement pay of the above employee D, within 14 days without agreement between the parties to the extension of the payment date, as shown in the list of crimes in the attached Table.

The withdrawal of a petition by all 18 workers who have reasons for dismissing the public prosecution has been submitted that they do not want to be punished by the defendant.

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