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(영문) 의정부지방법원 2019.10.30 2019고단1838

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the annualcheon-gun B (State)C, and is an employer who runs textile manufacturing business using four full-time workers.

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 is in charge of production management from July 19, 2016 to October 31, 2018 at the above workplace.

With respect to retired D, the total amount of wages of KRW 103,420,000,00 for May 2018, KRW 5 million for six months, KRW 5 million for July, KRW 5 million for August, KRW 5 million for September, KRW 5 million for September, and KRW 5 million for October, and KRW 30,000 for five retired workers, as shown in the attached crime list for five retired workers, did not pay KRW 103,420,00 for the total amount of wages within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

(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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is in charge of production management from July 19, 2016 to October 31, 2018 at the above workplace.

Although there are no special circumstances, 32,25,376 won in total for five retired workers as stated in the attached list of crimes, including 11,189,69,696 won of retirement allowances for retired D, the parties did not pay 14 days from the date of retirement without agreement on extension of the due date.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Each of the workers D, E, F, G, and H after the instant indictment was instituted.