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(영문) 울산지방법원 2019.08.30 2018고단701

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a user who runs a gold-type manufacturing business, etc. with the trade name of “stock company C” in Yangsan-si.

When a worker dies or retires, the employer who has paid wages shall pay the wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred.

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

Nevertheless, the defendant is working from March 20, 2017 to August 18, 2017 at the above workplace.

As stated in the attached list of crimes, 251,938,800 won in total, including 982,630 won in retired D's wages, did not pay 251,938,800 won in total, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) Where an employer of a defined contribution plan fails to pay contributions to a participant when a ground, such as retirement of the participant of the defined contribution plan, arises, he/she shall pay the contributions under paragraph (1) and interest for arrears under the latter part of paragraph (3) to the account of the defined contribution plan within 14 days from the date such ground, arises;

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

Nevertheless, the defendant is working from June 27, 201 to June 30, 2017 at the above workplace.

The retirement E did not pay each amount of KRW 254,712,729, including 10,000,036,580 in total and interest of the account for the defined contribution plan of E's retirement, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, as shown in the attached list of crimes.

2. The violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, which are judged.