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(영문) 수원지방법원 안산지원 2017.01.25 2016고정1757
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a comprehensive construction business with three full-time workers as the representative of the Gyeonggi-si Group B (State) C located in the Gyeonggi-si.

1. If an employee dies or retires, the employer in arrears of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within 14 days from the time 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 did not pay the total amount of wages of 4,60,000 won on June 1, 2016, which was worked from April 1, 2015 to August 31, 2016 at the said workplace, and of 13,80,000,000 won on August 2016, and the total amount of wages of 4,60,600,000 won on August 2016, and 13,80,000,000 won, from July 6, 2015 to August 31, 2016, 208, including the total amount of wages of 2,10,000,000 won,00 won, 2,000,000 won, 40,000,000 won, 2,016, 2,068, 2,016, 2,068.

2. If an employee in arrears violates the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the employee a retirement allowance within 14 days after the ground for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 8,85,678, respectively, within 14 days from the date of retirement where the cause for payment occurred, without any agreement on the extension of the due date for payment between the parties, for the total amount of KRW 2,855,678, including the retirement pay of KRW 6,454,972, and the retirement pay of KRW 6,972, from July 6, 2015 to August 31, 2016.

2. Determination.

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