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(영문) 창원지방법원마산지원 2020.08.19 2020고단649

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a business owner who ordinarily employs nine workers as the representative in the Haak-gun B located in the Haak-gun, Hanam-gun, and conducts painting business

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is in charge of shock (production) work from September 1, 2019 to December 15, 2019 at the above workplace.

The retirement D’s total amount of KRW 10,410,00,000, including KRW 5,470,000 in November 2019, was not paid within 14 days from the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date, as well as the money and valuables in arrears for each individual.

2. The proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, Article 327 subparagraph 6 of the Criminal Procedure Act, in which the relevant workers do not want punishment.