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(영문) 수원지방법원 안양지원 2019.01.17 2018고단1367
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the (ju) D Co., Ltd., of the former Building C during the Gyeonggi-do period, is an employer who runs the manufacturing industry by using eight full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant, at the above workplace from August 8, 201 to August 31, 2017, did not pay KRW 11,434,390 in total, including the amount of KRW 1,434,390 in December 2016, without an agreement on the extension of the due date between the parties, within 14 days from the date of retirement, except for the sequences of the annexed crimes:

2. F sequence and sequence;

4. G: As stated in the part above, 30,367,320 won of three workers’ money and valuables were not paid within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned. (b) An employer in violation of the Guarantee of Workers’ Retirement Benefits Act shall pay retirement allowances within 14 days from the date when the cause for payment occurred if an employee retires: Provided, That in special circumstances, the due date may be extended by agreement between the parties concerned. Nevertheless, the Defendant may, however, extend the due date for payment from August 8, 201 to August 31, 201, including the fact that the Defendant failed to pay KRW 7,485,058 within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned (Provided, That the sequence).

2. F sequence and sequence;

4. G: As regards this part, the sum of three workers' retirement allowances shall be KRW 35,35,228, such as the fact that a decision to dismiss a public prosecution has already been made.

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