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(영문) 광주지방법원 목포지원 2015.11.13 2015고단1286
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a manufacturing business with 50 full-time employees, who ordinarily run a manufacturing business among those who run (ju)C in Yong-nam Cancer B.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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's written indictment that he worked in the above workplace is stated as "E" but appears to be a clerical error.

The amount of wages of 672,088 won in November 2014 was not paid within 14 days from November 25, 2014, which was the date of retirement, without any agreement between the parties on the extension of the due date, and the total amount of wages of 38,438,180 won was not paid as shown in the attached list of crimes.

2. An employer 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

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

Nevertheless, the defendant stated 6,09,090 won of F's retirement pay working in the above workplace as "No agreement on the extension of the due date between the parties to the contract on November 30, 2014, which is the date of retirement," but it appears to be a clerical error in the indictment on November 20, 2014.

The total amount of 136,408,810 won was not paid, as shown in the list of crimes in the attached Table, including those not paid within 14 days.

2. The facts charged in this case are crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, Articles 109(1) and 36 of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 109(2) of the Labor Standards Act clearly state the victims.

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