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(영문) 대전지방법원 천안지원 2020.06.08 2019고단1798
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant, as the representative of the (ju)C in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, 2019 [201 Godan1798], is an employer who engages in the business of manufacturing synthetic resin and plastics by making use of 54 regular workers.

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

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

The Defendant, at the foregoing workplace, worked from August 16, 2017 to March 19, 2019, and retired from the workplace, did not pay 93,921,205 won in total of 12 employees within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, as shown in the list of crimes in attached Table, such as the wage 2,232,748 won in February 2019.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

The Defendant did not pay the total amount of KRW 24,895,620 as stated in the attached list of crimes, including KRW 4,827,359, as well as KRW 4,827,359, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

The defendant is the representative of the (ju)C located in Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, 2019 and is the user who runs the business of manufacturing synthetic resin and plastics using 40 full-time workers.

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

However, if there are special circumstances, it shall be agreed between the parties.

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