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(영문) 광주지방법원 2020.04.23 2019고단2409

근로기준법위반등

Text

All of the public prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a practical operator of the C Co., Ltd. in Seo-gu, Seo-gu, Gwangju, employs 12 full-time workers and engages in construction business. A.

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 for such payment occurred.

Nevertheless, the defendant is working from November 14, 2016 to December 31, 2018 at the above workplace.

A retired worker D's total amount of KRW 37,748,020,020, including the wage of KRW 4,500,000 on December 2018, was not paid respectively within 14 days from the date of each retirement without an agreement between the parties on 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 retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment is extended by mutual agreement between the parties concerned.

Nevertheless, the defendant is working from November 14, 2016 to December 31, 2018 at the above workplace.

The retirement allowances of retired workers D including KRW 9,383,264, and the total amount of KRW 38,619,916 of the retirement allowances of four workers was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

The defendant of "2019 Highest 2781" is an actual operator of the C Co., Ltd. in Seo-gu in Gwangju, Seo-gu, which ordinarily employs 12 workers and operates a construction business.

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

Nevertheless, the defendant is working from October 8, 2018 to March 31, 2019 at the above workplace.

Wages of retired workers E 3,983,00 won on January 1, 2019, wages of 3,983,000 won on February 2, 2019, and wages of 3,983,000 won on March 3, 2019.