beta
Text
All of the prosecutions of this case are dismissed.
Reasons
1. The facts charged
[1] The Defendant Co., Ltd. 1] B is the actual operator of Co., Ltd. B in the fourth floor of Gangnam-gu Seoul Metropolitan building in Gangnam-gu, who is an employer engaged in steel structure manufacturing business using seven full-time workers. From February 1, 2018 to January 10, 2019, the Defendant did not pay KRW 26,901,165 of the total wages of workers D working at the above workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the due date. 2) The Defendant is the employer engaged in supervision business by using 10 full-time workers as the actual operator of the E Co., Ltd. in the fourth floor of Gangnam-gu Seoul Metropolitan Building.
From July 1, 2017 to November 30, 2018, the Defendant did not pay KRW 21,748,290 and retirement allowances of KRW 4,803,353 within 14 days from the date of retirement without agreement between the parties on the extension of the period.
B. The Defendant of the Gangnam-gu Seoul Metropolitan Government 2020 order group 2036 is the actual operator of the company B in the fourth floor of the Gangnam-gu Seoul Metropolitan C building who actually runs the steel structure manufacturing business using seven regular workers.
When a worker retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances 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 had worked from August 1, 2017 to December 31, 2018 at the same place of business, and had not paid the total of KRW 16,628,080 and retirement allowances of 16,628,080 and retirement allowances of 5,393,106 within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.
2. Determination of this is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 109(2) of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.