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(영문) 의정부지방법원 고양지원 2018.03.08 2017고단3068
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant employs seven full-time workers as the representative director of C in the case of Pakistan, and carries on the manufacturing of cosmetics and medical appliances.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within 14 days after 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 March 10, 2012 to January 10, 2017, the Defendant did not pay 4.5 million won of wages of 4.5 million won from the date of his/her retirement on December 2016, 2016 to 14 days from the date of his/her retirement and did not pay 30.4 million won from the date of his/her retirement without any agreement on the extension of payment period between the parties concerned, as stated in the list of crimes in the attached Table.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant, from March 10, 2012, retired on January 10, 2017, but did not pay KRW 21,323,400 of retirement allowances within 14 days from the date of retirement, and did not pay KRW 71,487,990 in total for four retirement allowances of four retired workers within 14 days from the date of retirement without an agreement on the extension of payment period between the parties concerned, as shown in the list of crimes in the attached Table.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and are prosecuted against the victim’s express intent under the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

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