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(영문) 수원지방법원 성남지원 2018.08.09 2018고단1102

근로자퇴직급여보장법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who has worked as a representative director from October 18, 2016 to August 31, 2017 in the Sungnam-gu Seoul Special Metropolitan City, Seongbuk-gu, and the second floor and who has operated a medical device manufacturing business using 80 full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay 58,323,026 won in total for three workers within 14 days from the date of their retirement without any agreement on extension of payment deadline between the parties, as stated in the attached list of crimes, including 48,124,613 won in total with respect to D’s wages, which had been worked from November 10, 199 to July 31, 2017 at the above workplace.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay KRW 114,479,587 as well as KRW 91,469,674 of D retirement pay, which was worked from November 10, 1999 to July 31, 2017, in total for three employees, as shown in the list of crimes in the attached crime list, within 14,479,587, respectively, within 14 days from the date of each retirement without any agreement between the parties on the extension of payment period.

2. Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 327 subparag. 6 of the Criminal Litigation Act on the dismissal of a public prosecution for non-prosecution of punishment for D, E, and F (Article 327 of the Criminal Litigation Act).