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(영문) 수원지방법원 성남지원 2020.01.22 2018고단817

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

The Defendant is the representative director of C of a corporation with the second floor of building B in the Gyeonggi-nam-si Seoul Metropolitan City, who runs a construction business using 70 full-time workers.

1. 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, under the jurisdiction of the above company, has the same year from March 26, 2017 at the site of Saudi Arabia D. D.

4. A total of KRW 8,625,00 of E’s wages for up to 30.30 did not pay KRW 1,048,834,171 in total, including wages and refund for year-end settlement, within 14 days from the date of retirement, as shown in the attached Table 1 List of Offenses.

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

(a) An employer who has not paid a retirement allowance shall pay the retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay KRW 3,288,561 of F retirement pay from April 18, 2016 to May 31, 2017 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

(b) If the unpaid employer of the amount of retirement pension paid by the employer remains unpaid when the participant of the defined contribution retirement pension retires, the employer shall pay the contributions and interest for arrears to the account of the defined contribution retirement pension plan within 14 days from the date on which such cause occurs;