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(영문) 의정부지방법원 2017.02.09 2016고정2351
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director of the Co., Ltd. in Namyang-si, is an employer who runs the automobile repair business using four full-time workers.

(a) When an employee in violation of the Labor Standards Act dies or retires, the employer shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That where special circumstances exist, it may be extended by an agreement between the parties.

Nevertheless, the Defendant: D’s total amount of KRW 2,50,00 in March 18, 2013 to April 3, 2016; KRW 2,750,000 in April 3, 2016; KRW 2,750,00 in April 9, 2015; KRW 3,300,00 in March 3, 2016; and KRW 330,00 in April 30, 2016 to April 30, 2016; KRW 3,630,00 in total; KRW 10,00 in April 16, 201 to April 3, 2016; and KRW 2,750,00 in total; and KRW 30,00 in March 16, 2015 to April 3, 2016; and KRW 30,300,530,630,500 in each of the parties’ wages.

(b) When a worker dies or retires, the employer who violates the guarantee of retirement benefits of the worker shall pay the worker a retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That where special circumstances exist, it may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay the total of KRW 11,750,267,641 of G retirement pay of 7,927,374 won, and KRW 19,67,641, which were worked from August 1, 201 to October 31, 2015 at the same place of business, within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment of money and valuables.

2. Of the facts charged in the instant case, the charge of violating the Labor Standards Act is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 109(2) of the Labor Standards Act, among the facts charged in the instant case.

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