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(영문) 수원지방법원 성남지원 2019.03.07 2018고단2886
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person running C in Gwangju City. A.

When a worker dies or retires, any person who violates the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from April 16, 2014 to April 30, 2018, did not pay 110,279,523 won, including the total of 4,000,000 won for wages of 2,00,000,000 won on March 3, 2018, and the total of 53 wages of 53 workers, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

(b) Any person 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 the retirement allowances of KRW 8,178,544 as well as KRW 130,902,207 as well as KRW 230,902,207 as retirement allowances of 23 workers, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date and the parties concerned.

2. Provisions of applicable provisions to the facts charged in judgment: The crimes under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the Labor Standards Act, Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 327 subparag. 6 of the Criminal Procedure Act, which are subsequent to the prosecution under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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