Whether Article 109 of the Labor Standards Act is violated in cases where an employer has not paid wages in arrears, etc. to a retired worker within 14 days after his/her retirement without an agreement for extension of the payment period of wages and has agreed to pay wages in arrears after that period (affirmative)

Article 30 of the Labor Standards Act provides that when a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred so that the legal relationship may be liquidated early in order to stabilize the livelihood of retired workers, etc., and where special circumstances exist, the date may be extended by mutual agreement between the parties concerned. The crime of violating Article 109 of the Labor Standards Act due to delayed payment of wages, etc. is established at the expiration of 14 days from the date when the cause for such payment occurred. As such, the employer shall agree to extend the period with the worker within 14 days from the time when the cause for payment occurred, and even if the agreement was reached after the lapse of the period, it cannot be said that it constitutes a crime of normal participation

Articles 30 and 109 of the Labor Standards Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Defendant

Defendant

Seoul District Court Decision 97No216 delivered on April 9, 1997

The appeal is dismissed.

We examine the grounds of appeal.

Article 30 of the Labor Standards Act provides that when a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred so that the legal relationship may be liquidated early in order to stabilize the livelihood of the retired worker, etc., and where there are special circumstances, the date may be extended by mutual agreement between the parties concerned. The crime of violating Article 109 of the Labor Standards Act due to delayed payment of wages, etc. is established at the expiration of 14 days from the date when the cause for such payment occurred (see, e.g., Supreme Court Decision 94Do1477, Nov. 10, 195). Thus, the employer shall agree on the extension of the date of payment to the worker within 14 days from the time when the cause for such payment occurred, and even if the agreement was reached after the expiration of the period, it cannot be said that it constitutes a crime

According to the records, the defendant, on February 15, 1995, was indicted for violating the Labor Standards Act after the 14th day after the worker retired and was charged with violating the Labor Standards Act, and around August 1996, the defendant can only recognize the fact that he paid the wages in arrears to the worker Kim Jong-ro and reached an agreement on the payment of each of the wages in arrears, and since he did not agree to extend the date within 14 days from the date on which the cause for the payment occurred, it does not affect the establishment of the violation of Article 109 of the Labor Standards Act. There is no reason to discuss.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)