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(영문) 인천지방법원 부천지원 2019.02.28 2019고정17
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative in Kim Jong-si, who runs a manufacturing business with eight regular workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant worked from August 4, 2014 to June 15, 2018 at the above workplace, and did not pay the amount of KRW 417,974 on June 4, 2018, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall 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 extenuating circumstances.

Nevertheless, the Defendant worked in the above workplace from February 1, 2016 to May 15, 2018, and 4,078,676 won and A.

The employer did not pay the total amount of KRW 13,832,282 to two employees including the retirement allowances of KRW 9,753,606 as stated in paragraph (1) within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

2. Applicable provisions of 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(2) of the Labor Standards Act; Article 44 of the Guarantee of Workers' Retirement Benefits Act; Article 327 subparag. 6 of the Criminal Procedure Act;

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