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(영문) 창원지방법원진주지원 2020.09.08 2020고정6
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative in Jinju-si B, who ordinarily employs six workers and operates the manufacturing business of agricultural machinery and appliances parts. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 did not pay KRW 3,700,000,000 for the annual salary from August 9, 2008 to March 15, 2019, without agreement on the extension of the due date between the parties to the payment, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties to the payment.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 22,317,246 of retirement allowances from August 1, 2008 to March 15, 2019 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s will expressed in accordance with Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee

On January 2, 2020, the agreement with the victim E that the defendant does not want the punishment of the defendant was submitted to this court, and the victim D was submitted on August 21, 202.

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