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(영문) 전주지방법원 2018.11.28 2018고정398

근로기준법위반등

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Each public prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. The Defendant of the facts charged No. 2018 and No. 398, the Defendant, as the representative of the Dongdaemun-gu Seoul Metropolitan Government B located in the Jeonjin-gu Seoul Metropolitan Government, is an employer who ordinarily employs three workers and operates a book sales business.

When an employee retires, the employer shall pay all money and other valuables, such as wages and retirement allowances, within 14 days after the cause for such payment occurs.

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

Nevertheless, the Defendant did not pay KRW 2,470,100 within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, including D, etc. that he/she retired from the said workplace from work from August 7, 2017 to November 10, 2017.

B. The Defendant of the facts charged No. 2018 and No. 399 is the employer who runs a private teaching institute business by employing 20 full-time workers, as the representative director of Seo-gu E in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

1) When an employee retires, the employer shall pay the wages, compensations, and any other money or valuables within 14 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 did not pay the amount of KRW 958,80 in May 29, 2017, the amount of KRW 780,000 in June, 2017, KRW 300,00 in July, and KRW 300,00 in August, and KRW 300,00 in August, and KRW 2,338,80 in August, without agreement on the extension of the payment date between the parties.

2) When an employee retires, the employer shall pay the retirement allowance within 14 days after the date on which the cause for such payment occurred.

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

Nevertheless, the defendant at the above workplace was from December 29, 2014.