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(영문) 제주지방법원 2015.09.23 2015고정740
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative of the D Co., Ltd. in Seocho-si, who operates an interim construction waste disposal business by employing 12 full-time workers.

1. When a worker dies or retires, the employer 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, the Defendant did not pay the wages of KRW 761,130 on February 14, 2015 at the above workplace within 14 days (the retirement date) from the time when the cause for the payment occurred without agreement on the extension of the due date between the parties concerned (the retirement date).

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 5,39,890 of the retirement allowances of the above E within 14 days from the date of the occurrence of the cause for payment (the retirement date) without agreement between the parties on the extension of the payment period.

Maz.

1. The victim E is not subject to punishment ( September 10, 2015);

1. It is so decided as per Disposition on the grounds of Articles 109(1) and (2) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, Article 327 subparag. 6 of the Criminal Procedure Act.

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