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(영문) 청주지방법원 2017.11.23 2017고단647
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs four full-time workers as actual operators of C, a corporation with the petition-gu B and 604, Cheongju-si, and operates the wholesale business of machinery and equipment for electricity.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the 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 had worked from March 20, 2014 to July 31, 2016 at the said workplace, and had not paid KRW 4,583,33 of the wages of D on June 6, 2016, without agreement between the parties, within 14 days from the date of retirement, and did not pay KRW 20,166,64 of the wages of 3 retired workers within 14 days from the date of retirement, as stated in the details of personal money and valuables in the attached Form.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the defendant worked in the above workplace from March 20, 2014 to July 31, 2016, and did not pay KRW 10,625,742 of the D retirement pay within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, and did not pay KRW 24,172,193 of the retirement pay of three retired workers within 14 days from the date of retirement, as stated in the details of personal money and valuables in the attached Form.

2. Of the facts charged above, the non-payment of wages is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Article 109 of the same Act.

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