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(영문) 인천지방법원 2016.09.30 2015고정1498
근로자퇴직급여보장법위반
Text

Of the facts charged in this case, each worker's retirement benefit security violation against C, D, E, F, G, H, I, J, K, and L is acquitted.

Reasons

The acquittal portion

1. The summary of the facts charged in this part of the facts charged is the employer who operates an educational service company employing 60 full-time workers as the head of the O, an incorporated association on the 7th floor of the 2015 High and 1499 N in Seocheon-gu, Seocheon-si. N.

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 12,641,983, including KRW 1,927,039 to retired workers D, as stated in the details of the attached arrears, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period between the parties, as well as KRW 12,641,983, as stated in the details of the attached arrears, to the retired workers D, who worked for Q elementary school located in P from February 27, 2012 to February 15, 2014.

Defendant 1 is an employer who operates an educational service company, which employs 54 full-time workers on 5th floor in the 5th floor of the Bupyeong-gu Seoul Special Metropolitan City R Building and operates an incorporated association.

The Defendant, from February 20, 2012 to February 21, 2014, worked as a after-school computer teacher at an elementary school in the Gyeonggi-do region from February 20, 2012 to February 21, 2014, did not pay 8,880,283 won in total for five employees, as shown in the list of crimes in the attached Table, as stated in the list of crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment period.

Defendant 2, “2015 High 2572, the 2015 High 2572, who is an incorporated association operator of the 203 Sincheon-si Building 203 and is engaged in the educational service by using 65 full-time workers. From March 9, 2009 to August 14, 201, Defendant 2,715,276 won of L retirement allowances, who worked as a computer instructor after elementary school and retired from office, did not pay them within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. Determination of retirement allowances, etc.

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