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(영문) 수원지방법원 안산지원 2017.01.18 2016고정1696
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 35 full-time workers as a manager of the office C-C of the Gyeonggi-do (State) building D-614 in light of the facts charged.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 161,478 of the wages of June 1, 2013 to December 15, 2013, KRW 2,971,375 won in July 2013, KRW 2,971,971,375 won in August 2013, KRW 2,971,375 won in September 2013, KRW 2,971,375 won in October 2, 2013, KRW971,375 won in November 1, 2013, KRW 2,971,375 won in November 1, 2013, and KRW 16,000 in December 981, 200,00 from the date of extension of the payment period without agreement between the parties concerned.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 8,224,622 to workers D's retirement pay from June 1, 201 to December 15, 2013 within 14 days from the date of retirement without agreement between the parties to the extension of the payment date between the parties.

2. Crimes of non-guilty for judgment: Dismissal of a public prosecution for withdrawal of an employee's intent to punish the defendant after instituting a public prosecution under Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act: Article 327 subparagraph 6 of the Criminal Litigation Act.

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