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(영문) 의정부지방법원 고양지원 2015.03.26 2015고단318
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a representative of D in Il-dong, Busan-gu, Gyeonggi-gu, and an employer who runs publishing business, etc. using 30 full-time workers.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the date is extended by agreement between the parties concerned.

Nevertheless, the Defendant did not pay 118,212,847 won of wages of 38 workers from January 2, 2014 to October 23, 2014 within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, as stated in the detailed statement of the money and valuables in arrears in the attached Form, including that the Defendant did not pay 9,277,50 won of wages of 38 workers E who retired from office within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties concerned.

(b) Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment is extended by agreement between the parties concerned; and

Nevertheless, the Defendant, while working in the pertinent workplace from June 1, 2008 to October 23, 2014, did not pay KRW 17,311,650 of the F's retirement pay to the retired employee within 14 days from the date of his/her retirement without an agreement on the extension of the payment date between the parties concerned, and did not pay KRW 71,744,190 of the employee's retirement pay within 14 days from the date of his/her retirement without an agreement on the extension of the payment date between the parties concerned.

2. Violation of the Labor Standards Act stated in the facts charged in this case’s dismissal of prosecution is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 109(2) of the Labor Standards Act.

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