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(영문) 수원지방법원 2015.07.02 2015고정923
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is a practical manager of the Suwon-si District B and C located in the third floor and operates a sports facility with 15 regular workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after 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 4,24,976 won in total, including D’s annual paid leave allowance of 2,181,818 won, which worked in the said workplace from June 21, 2010 to September 30, 2014, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as shown in the attached Form.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 6,540,030, total amount of KRW 13,917,119, as shown in the attached Form, as well as KRW 6,540,030, working at the said workplace from June 21, 2010 to September 30, 2014, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

2. On July 2, 2015, the prosecution of this case was submitted after the prosecution of this case on July 2, 2015 with respect to the violation of each Labor Standards Act, which is the crime of failing to make a judgment, and each of the violation of the Guarantee of Workers' Retirement Benefits Act. The prosecution of this case is dismissed in accordance with Article 327 subparagraph

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