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(영문) 서울중앙지방법원 2016.11.08 2016고정2712
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is a corporation manager and an actual representative with the main office of 603 building in Seongbuk-gu, Sungnam-si, who ordinarily employs 34 full-time workers and carries out D apartment security services. A.

When a worker dies or retires, the 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from June 1, 201 to June 30, 2015 at the said workplace, and had retired security guards E with wages of 626,886 won in June 2015 (104,481 won per month since July 2015) and did not pay 16,265,208 won in total for four workers within 14 days from the date of each retirement without agreement on extension of the due date between the parties, such as the statement of delayed payment of wages and the statement of delayed payment of wages.

(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 in special circumstances.

Nevertheless, the Defendant had worked from June 1, 201 to June 30, 2015 at the above workplace, and had not paid the total of KRW 7,254,288 to four employees, such as the written statement of late payment of retirement pay 1,797,659 for E of retired security guards, as well as the written statement of late payment of the difference in the amount of retirement pay, within 14 days from each retirement date, without agreement between the parties on the extension of the due date.

2. Provisions of applicable Acts to the facts charged: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109 of the Labor Standards Act.

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