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(영문) 서울중앙지방법원 2019.06.25 2019고정1184

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of Seoul, Gangnam-gu, Seoul, and C Co., Ltd. located on the third underground, who runs a sports service business using two full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause occurs.

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

Nevertheless, the defendant is working from May 1, 2016 to December 31, 2018 at the above workplace.

D's wages of 1,806,380 on December 12, 2018 did not pay 1,806,380 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) 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 the cause for such payment occurred; and

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

Nevertheless, the defendant is working from May 1, 2016 to December 31, 2018 at the above workplace.

A retired D retirement pay of KRW 5,712,421, and between July 1, 2016 and August 31, 2018.

The retirement allowance of retired E was not paid KRW 7,509,101 in total for 1,796,680,000 within 14 days from the date of each retirement without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act or subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the facts charged) and cannot be prosecuted against each victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to each agreement bound in the records of this case, the victims of June 25, 2019, which was after the prosecution of this case, D.