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(영문) 수원지방법원 2016.09.29 2015고단5425
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant, as the representative director of C (ju)D located in C, is operating the machinery and equipment business using 20 full-time workers; and (b) he/she operates the construction business using 30 full-time workers at the same place as E at the same time.

1. (D) Violation of the Labor Standards Act for retired workers, and violation of the Guarantee of Workers' Retirement Benefits Act;

A. From February 1, 1996 to May 31, 2015, the Defendant served in the above (State) D, and did not pay 190,187,921 won, including 3,615,390 won of retired workers F on February 31, 2015, as well as 22 employees, within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement on extension of the payment deadline between the parties.

B. As described in the preceding paragraph, the Defendant, while working in the above (State)D on May 31, 2015, did not pay KRW 8,829,506 in total for 17 employees, as well as KRW 124,315,111, as in the previous list of crimes in the attached Form (1), within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. Violation of the Labor Standards Act for retired workers, and violation of the Guarantee of Workers' Retirement Benefits Act.

A. From December 5, 2011 to May 31, 2015, the Defendant served in the above E (State) and did not pay the total of KRW 282,403,600 for 34 workers, as shown in the attached Table, as well as KRW 3,384,620 on February 31, 2015 G workers G retired on February 31, 2015, within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement on the extension of the payment deadline between the parties.

B. On May 31, 2015, the Defendant served in the above E (state) as stated in the preceding paragraph, and on May 31, 2015, paid 96,217,827 won in total, including 3,884,114 won of G retirement allowances of retired workers, as well as 24 employees, such as the previous list of crimes (2).

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