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(영문) 수원지방법원 안산지원 2018.03.15 2017고단3371 (1)
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged "2017 Highest 3371" is a person who engages in manufacturing business with seven full-time workers as a representative of C (ju) in Gyeonggi-si, Gyeonggi-si.

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;

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

Nevertheless, the Defendant did not pay KRW 38,541,294 in total for three workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as stated in the attached list of crimes, including KRW 3,866,474, Nov. 1, 2016, when the Defendant worked from March 14, 2016 to July 7, 2017.

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

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

Nevertheless, the defendant did not pay KRW 5,200,226 of the retirement pay of the above D within 14 days without the agreement between the parties on the extension of the payment deadline.

"2018 Highest 103"

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;

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

Nevertheless, the Defendant did not pay KRW 22,963,482 to three workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as shown in the list of crimes attached hereto, as well as KRW 393,960 for May 2016, who worked in the above workplace from July 1, 2014 to September 24, 2016.

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