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(영문) 서울동부지방법원 2020.11.04 2020고정720

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of Gyeyang-gu, Incheon, C with B, 4, and 5 floors, who has run a security business using 300 full-time employees.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked in the above workplace from February 1, 2014 to December 31, 2019, and did not pay KRW 11,947,089 of D retirement pay within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date.

2. Applicable provisions of Acts to the facts charged: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits: Judgment dismissing employees D's expression of intention not to punish them after the prosecution under the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits: Article 32