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(영문) 수원지방법원 안산지원 2014.02.13 2013고정2004
근로자퇴직급여보장법위반등
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

Public Prosecutor's Office

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;

The Defendants conspired to employ 30 full-time workers in the name of Ansan-si Masan-si C, and did not pay 4,287,730 won, including the sum of wages of 1,266,170 won, and 2,266,170 won, and 4,287,730 won, in total, of wages of 2,266,170 won, within 14 days from the retirement of E who worked from December 7, 2011 to December 10, 2012.

In addition, the Defendants conspired and did not pay 9,80,830 won in total to workers on three occasions within 14 days from the time when the cause for the payment occurred, as shown in the separate crime list from around that time to February 1, 2013, even though there was no extension of the due date by mutual agreement between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

The Defendants conspired to employ 30 full-time workers in the name of Ansan-si, Ansan-si C, and did not pay her retirement allowance of 2,506,397 within 14 days from the retirement, even if she retired from office, even though she had worked from December 7, 201 to December 10, 201, the Defendants did not pay her retirement allowance of 2,506,397, even though she did not extend the date by an agreement between the parties.

In addition, the Defendants conspired and did not pay the total amount of KRW 9,733,045 of retirement allowances to workers on three occasions within 14 days from the time when the cause for the payment occurred, as shown in the separate list of crimes from around that time to February 1, 2013.

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