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(영문) 인천지방법원 2020.04.23 2019고단4585

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user who runs a construction business using 30 full-time workers as the representative director of the Yeonsu-gu Incheon Metropolitan Government Co., Ltd.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from August 21, 2017 to February 28, 2019, the Defendant provided labor to the above workplace and did not pay 5,846,140 won in total of 5,870,042 won in total for eight workers within 14 days from the date of retirement, as shown in the separate crime list, without any agreement on the extension of the due date between the parties, and without any agreement on the extension of the due date between the parties.

2. Violation of the Guarantee of Workers' Retirement Benefits Act;

(a) An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, from August 21, 2017 to February 28, 2019, the Defendant provided labor to the said workplace and did not pay the total of KRW 4,460,654 of retirement allowances of retired workers D within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, as stated in the attached list of crimes, and did not pay the total of KRW 54,696,208 of retirement allowances of five employees within 14 days from the date of his/her retirement, as stated in the attached list of crimes.

(b) Where an employer, including contributions, fails to pay contributions to a participant of a defined contribution plan when a ground, such as retirement of the participant of the defined contribution plan, arises, he/she shall pay contributions and interest on arrears to the relevant participant's account of the defined contribution plan, retirement allowances and pension for the amount of such contributions within 14