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(영문) 서울남부지방법원 2017.12.20 2016고정2276
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a manager of the Guro-gu Seoul Metropolitan Government building and the D insignia located in No. 2104, is an employer who runs the business of carrying out physical training facilities using 14 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if 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, the Defendant, at his/her workplace, worked from June 11, 2012 to September 30, 2015 and retired from his/her workplace, paid KRW 1,00,000 for September 5, 2015, ② From December 5, 2011 to October 15, 2015; ③ from March 1, 2015 to September 30, 2015; and ③ from March 1, 2015 to September 30, 2015, the Defendant did not pay KRW 2,112,910 for the total amount of wages in September 1, 200, and KRW 910 for the retirement from his/her workplace within 14 days without an agreement on the extension of the payment period between the parties.

2. An employer who violates a guarantee of retirement benefits of a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred;

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

Nevertheless, the defendant employed in the above workplace from June 11, 2012 to September 30, 2015 and retired from E's retirement pay of KRW 4,989,760, ② from December 5, 2011 to October 15, 2015, ③ the retirement pay of F's retirement pay of KRW 4,062,970, ③ from June 1, 2012 to January 31, 2015, and did not pay KRW 13,649,80 in total, which were retired from H's retirement pay of KRW 4,59,70 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. Determination and conclusion

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-compliance:

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