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(영문) 서울북부지방법원 2017.07.05 2017고정926

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the C representative director of Dongdaemun-gu Seoul Metropolitan Government and the first floor, is an employer as a person in charge of operating a lodging business with twenty full-time workers employed.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 did not pay KRW 16,937,783 of the total wages of eight retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of payment date, as shown in the list of crimes in the attached Form, including KRW 3,667,00, which was employed in office from June 22, 2015 to August 31, 2016 as well as KRW 3,67,00, which was retired from office.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 13,839,888, including KRW 4,294,910 of retirement allowances of KRW 4,294,910 from June 22, 2015 to August 31, 2016, as well as KRW 13,839,888 of the retirement allowances of five retired workers, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. Judgment dismissing a public prosecution - The crime of non-violation of intention: Article 109(2) of the Labor Standards Act (the violation of the Labor Standards Act); the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (the violation of the Guarantee of Workers' Retirement Benefits Act) - The expression of non-prosecution of punishment: Submission on July 3, 2017, which was after the institution of the instant case, on July 3, 2017 - Relevant statutes: Article 327