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(영문) 창원지방법원 2020.10.22 2020고단2262

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of the Co., Ltd. in the facts charged, is an employer who runs the automobile parts manufacturing business by employing 15 full-time workers.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and may extend the due date by mutual agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant is working from February 25, 2019 to June 10, 2020 at the above workplace.

D's total amount of wages of KRW 11,655,219 and annual paid leave allowance of KRW 1,443,120 on March 3, 2020 including that of KRW 3,245,608, and annual paid leave allowance of KRW 1,443,120 on the date of retirement without any agreement between the parties on the extension of the date, and did not pay 58,284,443 won to six workers within 14 days from the date of retirement without any agreement on the extension of date between the parties.

(b) An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, and where there exist special circumstances, the period may be extended by mutual agreement between the parties concerned; and

Nevertheless, the Defendant is working from February 25, 2019 to June 10, 2020 at the above workplace.

A retired D's retirement pay of KRW 4,868,128, and was worked from August 20, 2018 to June 7, 2020.

The retirement allowance of retired E was not paid 10,431,904 won in total, including 5,563,776 won, within 14 days from the date of retirement, without any agreement between the parties on the extension of the date.

2. Each of the facts charged in the instant case is an offense falling under Article 109(1) of the Labor Standards Act and the main sentence of Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and violating this Act.