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(영문) 서울서부지방법원 2019.05.10 2019고정280
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative of Mapo-gu Seoul Metropolitan Government B and 1st floor C, who employs six full-time workers and operates food business. A.

When a worker retires, the employer shall pay the retirement allowance 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 is working until March 8, 2018 in the above workplace on July 6, 2014.

A retired retirement allowance of KRW 5,110,452 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

(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 is working until March 8, 2018 in the above workplace on July 6, 2014.

In the case of retired 2016-200 annual fee of KRW 23,600, annual fee of KRW 776,400, annual fee of KRW 776,400, annual fee of KRW 463,840, annual fee of KRW 1,263,840, the total amount of the annual fee of KRW 463,840, was not paid within 14 days from the date of retirement without agreement between the parties regarding the extension of the due date of payment of wages.

(c) Wages shall be paid in full directly to workers in currency.

Provided, That where there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid out of currency.

Nevertheless, the defendant is working until March 8, 2018 in the above workplace on July 6, 2014.

퇴사한 D의 매월 임금에서 법령 또는 단체협약에 특별한 규정이 없음에도 거주비용(월세)과 비행기삯을 매월 225,000원을 공제하여 총 8,658,870원을 근로자에게...

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