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(영문) 서울서부지방법원 2020.01.09 2019고정327
근로기준법위반등
Text

The prosecution against the defendant is dismissed.

Reasons

Indictment

1. The Defendant, as the representative of Mapo-gu Seoul Metropolitan Government “C”, is an employer who runs a sports center business with 10 full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 worked from August 30, 2016 to March 31, 2018 at the foregoing workplace and retired D’s wages of KRW 1.4 million in February 2018, and KRW 2.7 million in total, including KRW 1.7 million in March 2018, and KRW 18,100,000 in March 1, 200, as indicated in the following table, did not pay six retired workers’ wages within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Workers’ overdue wages D. D. D. 30 August 30, 2016 to March 31, 2018: 1,300,000 E on March 1, 2018 to March 31, 2016; 1,400,000 won on March 1, 2018 to March 31, 2018; 1,300,000 won on March 1, 200, 30,300,000 won on March 22, 2016 to March 22, 2018; 1,30,000,00 won on March 30, 208 to March 40, 2018; 1,000 won on February 1, 2018 to March 30, 2018; 1,300,000 won on March 1, 2018;

(b) When a worker dies or retires, the employer shall 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 worked in the said workplace from August 30, 2016 to March 31, 2018, as well as seven retired workers as indicated below, including KRW 2,200,82 of D’s retirement pay.

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