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(영문) 서울중앙지방법원 2016.12.13 2016고정3169

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a DNA representative in Gangnam-gu Seoul Metropolitan Government and 210, who runs food business with five regular workers. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the above workplace from July 1, 2007 to March 7, 2016, and did not pay KRW 903,225 of the retired workers E, March 2016, within 14 days from the date of 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 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 worked from July 1, 2007 to March 7, 2016 at the above workplace and did not pay the retirement allowance of KRW 17,171,906 to retired workers E within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Provisions of applicable provisions to the facts charged in judgment: Judgment dismissing an employee's wishes not to punish him/her (a written agreement submitted by his/her defense counsel on December 7, 2016) after issuing a summary order under Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 327 subparag. 6