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(영문) 전주지방법원 2015.05.28 2014고단1189

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a medical corporation’s representative located in Jeonbuk-si Kim Jong-si from December 13, 2012 to December 23, 2013, and an employer who provides medical service services using at least 80 full time workers.

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

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

Nevertheless, the Defendant is working at the same workplace from October 27, 2013 to November 24, 2013.

The retirement worker K did not pay 82,335,610 won in total, including 1,140,000 won on November 201, 2013 and 82,335,610 won in total, as indicated in the attached list of crimes, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

B. (1) An employer who is in violation of the Guarantee of Workers' Retirement Benefits Act shall, if a worker retires, pay the retirement allowance within 14 days from the date on which the cause for such payment occurred: Provided, That where there are special circumstances, the payment may be extended by mutual agreement between the parties concerned. Nevertheless, the Defendant did not pay the amount of KRW 3,958,030 of the retirement allowance of the worker who retired from the above workplace within the period from February 21, 2012 to November 7, 2013, within 14 days from the date of retirement without mutual agreement on extension between the parties concerned. (2) If the employer retires from his/her office, he/she shall pay the unpaid amount to the retirement pension account of the relevant participant within 14 days from the date of retirement.

Nevertheless, from November 17, 201 to November 17, 2013, the Defendant is obligated to pay 4,990,420 won for the final contribution retirement pension of M who has worked in the said workplace and retired from the said workplace.