logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.12.16 2020고단3596
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Dispute Settlement Bank Co., Ltd. in the facts charged, is an employer who runs the manufacturing business of laundry parts by employing 21 full-time workers.

[Violation of the Labor Standards Act] When an employee dies or retires, the employer shall pay wages, compensations, and all other money and 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 is working in the above workplace from August 5, 2001 to July 31, 2020.

3,883,365 won and bonuses 1,442,100 won and bonuses 3,883,365 won and 1,442,100 won were not paid to D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between the retired workers and 29,017,560 won in total for workers 21 as shown in the attached list of crimes.

[Violation of the Guarantee of Workers' Retirement Benefits Act] When a worker retires, the employer shall pay the retirement allowance within 14 days from the date when the ground for such payment occurred.

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW 10,442,739 of the worker D’s retirement pay to D within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties, and did not pay KRW 202,652,438 of the total retirement pay of 21 workers as stated in the attached list of crimes in the attached list of crimes, within 14 days from the date of retirement without an agreement on the extension of payment date between the parties.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act; Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) The victimized workers after prosecution shall be the defendant.

arrow