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(영문) 수원지방법원성남지원 2020.12.11 2020고단2994
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant, as the representative of Co., Ltd. D in Sungnam-si, Sungnam-si, is a user of electronic communications manufacturing business using 12 full-time workers. A.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the 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, at the above workplace from February 11, 2016 to March 31, 2020, worked for the period from February 11, 2016 to March 31, 2020 and did not pay the total of KRW 39,572,512 and annual allowances of KRW 1,925,00,00 within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as shown in the attached list of crimes, including the fact that the Defendant did not pay KRW 79,340,988, respectively, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

(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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 17,053,205 of retirement allowances E of retired workers after having worked in the above workplace from February 11, 2016 to March 31, 2020 within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment between the parties, and did not pay KRW 42,279,005 of retirement allowances of retired workers in the above workplace from July 11, 201 to March 21, 2020 without agreement on the extension of the due date for payment between the parties.

2. The facts charged in the instant case are determined as follows: Article 109 of the Labor Standards Act.

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