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(영문) 서울남부지방법원 2020.08.24 2020고단1723
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual manager of Guro-gu Seoul Metropolitan Government, Guro-gu and D, who runs the publishing business with four regular workers. 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 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, from June 2, 2014 to June 30, 2016, the workplace is working in the above workplace.

On October 2015, retired workers E, including 817,042 won of wages, paid 20,792,641 won in total among two workers, as shown in the attached list of crimes, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in cases where a worker dies or retires, 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, from June 2, 2014 to June 30, 2016, the workplace is working in the above workplace.

The retirement allowance of retired workers E, including 5,351,369 won, did not pay 12,309,778 won in total, as shown in the attached list of crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Determination of applicable provisions of Acts: 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 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act; Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act; and Article 44 subparag. 2 of the main sentence after the indictment of this case, the Defendant of victimized Workers E; and Article 109(1) of the Labor Standards Act.

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