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(영문) 서울동부지방법원 2019.05.22 2018고단273

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of Seongdong-gu Seoul Metropolitan Government C, who runs a lodging business with five regular workers. A.

When a worker retires from office, the employer 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, at the same place of business, worked from March 11, 2016 to March 16, 2017 at the above place of business, did not pay KRW 699,150 on March 201, 2016, and did not pay KRW 43,51,450 on total money and valuables of three workers within 14 days from the date of retirement, as stated in the attached crime list.

(b) When a worker retires, the employer shall 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 did not pay KRW 3,486,090 as well as KRW 7,562,950 as stated in the list of crimes in the attached Table, and did not pay KRW 7,562,950 in total for two employees within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Provisions of applicable Acts to the facts charged: 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 Guarantee of Workers' Retirement Benefits Act; Article 327 subparag. 6 of the Criminal Procedure Act;