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(영문) 제주지방법원 2019.09.18 2019고정186
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of the C located in Seocho-si B, who runs a service business by ordinarily employing 15 workers.

When a worker retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 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 16,66,689 won in aggregate within 14 days from the date of retirement without any agreement on the extension of the due date for payment of money and valuables, such as D’s annual paid leave allowance of 2016 from August 16, 2011 to September 30, 201, and retirement allowance of 12,456,289 won.

2. Provisions of applicable provisions to the facts charged: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Guarantee of Workers' Retirement Benefits Act; and Article 109(2) of the Act; and Article 44 of the Guarantee of Workers' Retirement Benefits Act; a judgment dismissing an application for non-guilty punishment on August 28, 20

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