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(영문) 서울북부지방법원 2020.03.17 2019고단4226
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who employs 12 full-time workers while operating the (ju)C in Seoul Special Metropolitan City, Nowon-gu.

1. When a worker retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total amount of KRW 15,167,240 for five workers within 14 days from the date of retirement, as shown in the separate crime list, including KRW 1,910,00 in March 1, 2019, annual leave allowance of KRW 1,910,00 in April 2019, annual leave payment of KRW 1,910,00 in April 1, 2019, and annual leave payment of KRW 1,194,200 in the above workplace from April 1, 2018 to April 30, 2019.

2. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act retires a worker, he/she shall pay a retirement allowance within fourteen days from the date when the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total amount of KRW 19,935,832 of the retirement allowances of four workers as stated in the attached list of crimes, including KRW 2,056,468 of the aforementioned D retirement allowances, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

The Defendant of Seoul Special Metropolitan City Nowon-gu, Nowon-gu, is a person who operates a service business with 22 full-time workers while operating (ju)C and (ju) E in Seoul Special Metropolitan City, Nowon-gu.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

except that there are special circumstances.

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