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(영문) 광주지방법원 2017.05.12 2016고단5834
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the defendant of the 2016 Highest 5834, who employs 16 full-time workers as the representative director of the Co., Ltd. C in Naju City, and engages in the business of manufacturing the contact tapes.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

The Defendant had worked in the above C from August 26, 2015 to August 31, 2016, and had not paid KRW 5,078,99, total amount of wages of 5,090 retired workers D, within 14 days from the date of retirement without agreement on the extension of the payment deadline, and had not paid KRW 113,937,057, total amount of wages, etc. of 11 employees, as described in the attached list of crimes (i), within 14 days from the date of each retirement without agreement on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days, if the employee retires;

The Defendant had worked in the above C from May 1, 2015 to August 31, 2016, and had not paid KRW 2,902,515 of the retirement pay of retired workers E within 14 days from the date of retirement without agreement on the extension of the payment deadline, and did not pay the total of KRW 54,010,788 of the nine retirement allowances of each worker within 14 days from the date of retirement without agreement on the extension of the payment deadline, as described in the List of Crimes A.

The defendant of "2017 Highest 255" is a person who employs 16 full-time workers as the representative director of C, a stock company in B, and engages in the business of manufacturing contact tapes.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

The Defendant has been working in the above C from November 23, 2015 to August 31, 2016.

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