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(영문) 부산지방법원 2017.05.24 2017고단1316

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who has run a ship design service business using seven full-time workers under the trade name of “C” in Busan Seo-gu.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and 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 worked for the foregoing company from December 1, 2014 to November 7, 2015, and was retired from office on October 2015 of D’s retirement, 1460,000 won in total, including 5.60,000 won in November 2015, 1.660,000 won in total, and 6.5 million won in retirement allowances in total, retired from office to November 30, 2015, and 7.960,000 won in total, of E’s retirement allowances and retirement allowances, were not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the payment period.

2. Applicable legal provisions: 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, the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and Article 327 subparag. 6 of the Criminal Procedure Act (Submission of an agreement on May 23, 2017, the victims of which were the victims of the instant prosecution).