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(영문) 창원지방법원 마산지원 2020.02.06 2020고단24
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a business manager who ordinarily employs 10 workers as the representative director of Changwon-si M&C in Changwon-si B and engages in manufacturing steel structures. A. The Defendant is an employer.

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

Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant is in charge of production management from August 1, 2017 to June 15, 2019 at the above workplace.

The retirement D's wages of 122,427,248 won, including wages of 3,500,000 won on January 1, 2019, was not paid respectively within 14 days from the date of retirement in which the cause for the payment occurred without an agreement on the extension of the payment due date between the parties concerned, as shown in the attached Table.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 if special circumstances exist.

Nevertheless, the Defendant is in charge of production management at the workplace from August 1, 2017 to June 15, 2019.

6,450,820 won of retirement allowances of retired D and 65,005,498 won in total for eight retirement allowances of retired workers, as shown in the attached Table, were not paid within 14 days from the date on which the grounds for such payment occurred, without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and the victims under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers

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