beta
(영문) 수원지방법원 안산지원 2016.04.14 2016고단450

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of the Co., Ltd. C in Ansan-gu, Masan-si, who was engaged in the manufacturing of motor vehicle parts by 20 full-time workers.

(a) When an employer violating the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables, unless the parties have agreed on the extension of the fixed date due to special circumstances, within 14 days after the cause for such payment occurred;

From August 27, 2013 to July 31, 2014, the Defendant did not pay the total of KRW 4,345,860 of the wages of retired workers D, as well as the total of KRW 19,38,450,00 from the date of retirement, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date, and did not pay KRW 19,38,450 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, unless otherwise agreed by the parties concerned on the extension of the due date.

From January 1, 2007 to June 30, 2014, the Defendant did not pay KRW 9,303,008 of the retirement pay of retired workers E, who were employed in the pertinent workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date. The Defendant did not pay KRW 31,766,408 in total for four retirement allowances of retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.