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(영문) 수원지방법원 여주지원 2018.05.18 2018고단168
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The facts charged in the instant case are users who operate a construction business as the representative of the limited company C located in Ansan-si Group B, 304.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

From July 1, 2016 to June 30, 2017, the Defendant did not pay 12,360,000 won of E’s retired workers who worked at the site of the installation of sewage pipes in Gyeonggi-si, Gyeonggi-do, within 14 days from the date of retirement without agreement between the parties on the date of payment.

From August 2, 2016 to June 30, 2017, the Defendant did not pay KRW 13,074,720 to retired workers’ wages from the date of retirement within 14 days from the date of retirement, without agreement between the parties on the date of payment.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, from July 1, 2016 to June 30, 2017, the Defendant failed to pay KRW 4,298,280 of the retirement allowances of retired workers E, who worked at the site of the installation of sewage pipes in Gyeonggi-si D, within 14 days from the date of retirement without agreement between the parties on the date of payment.

Article 109(1) and Article 36 of the Labor Standards Act, and Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Guarantee Act. The Defendant does not want the Defendant’s punishment because workers E and F do not want to be punished by the Defendant by paying all unpaid wages and retirement allowances to workers E and F.

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