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(영문) 수원지방법원 평택지원 2016.04.19 2015고단1866
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the user who runs the manufacturing business by employing seven full-time workers as the representative director of the corporation D in Pyeongtaek-si C of Gyeonggi-do.

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

Nevertheless, the Defendant did not pay 31,272,380 won in total for three workers as well as for 7,972,380 won in the attached crime list (1) in the above workplace from October 1, 2003 to September 30, 2014, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant did not pay the total amount of KRW 100,747,977 for three employees, as well as KRW 29,075,899 of retirement allowances for the above E, within 14 days from the date of retirement, without agreement between the parties to the extension of payment date, as shown in the list of crimes committed in the attached Table (2).

The reason why the public prosecution is dismissed is the crime of non-violation of will, and all three workers have submitted a written application for non-criminal punishment.

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