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(영문) 서울남부지방법원 2016.05.30 2016고정731
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates a manufacturing business of communications equipment using eight full-time workers as the representative of Geumcheon-gu Seoul Metropolitan Government 102 (ju) Seoul Metropolitan Government Branch of the B Building.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.

Nevertheless, the Defendant did not pay 21,694,110 won in total, including 1,471,000 won in March 2013 of his/her retired worker D, working from the above workplace from May 16, 201 to May 15, 2014, within 14 days from the date of his/her retirement without an agreement between the parties on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.

Nevertheless, the Defendant did not pay KRW 10,627,626 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date and the parties, which is employed from May 16, 201 to May 15, 2014 at the above workplace.

2. Article 109(1), (2), and Article 36 of the Labor Standards Act for the Reasons for Dismissal of Public Prosecution; Article 44 Subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 327 Subparag. 6 of the Criminal Litigation Act (a written withdrawal of complaint filed by the victim on May 30, 2016)

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