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(영문) 수원지방법원 안산지원 2016.03.15 2013고단3274
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

The Defendant, as the representative of the D Hospital located in Ansan-si Group C, employed 40 full-time workers and operated the hospital. Although E retired from office from office from January 16, 2012 to August 5, 2013, the Defendant did not pay KRW 1,042,610 for June 1, 2013, KRW 2,542,610 for July 2, 2013, KRW 472,990 for annual paid leave, and KRW 918,75 for annual paid leave allowances, and KRW 4,976,985 for non-paid leave allowances, even if the date is not extended by an agreement between the parties.

In addition, the Defendant did not pay 85,564,290 won in total to workers on 29 occasions during the period from around that time to August 5, 2013, even though there was no extension of the due date by an agreement between the parties concerned, as indicated in the table of crime Nos. 1 to 29.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

The Defendant, as the representative of the D Hospital in Ansan-si, who employs 40 full-time workers and operates the hospital, and even when E retired from office from office from January 16, 2012 to August 5, 2013, the Defendant did not pay retirement allowance of KRW 4,220,039, even though he/she did not extend the date by an agreement between the parties concerned.

In addition, the Defendant, from around that time to August 5, 2013, paid the total amount of KRW 49,742,683, a total of 15 times, as indicated in [Attachment Table Nos. 1 through 15] from around that time, to 14 days from the time when the cause for payment occurred, shall be paid in the absence of an agreement between the parties.

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