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(영문) 서울중앙지방법원 2014.10.17 2013고정6846
근로자퇴직급여보장법위반등
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in the instant case is the representative of the Seocho-gu Seoul Metropolitan Council for Residents of D Apartment, who employs 33 full-time workers and operates the multi-family housing management business. Defendant B is the head of the management office of the above D apartment occupants' representative meeting, who is acting for the business owner while taking charge of personnel, labor management, etc.

When a worker dies or retires, the employer shall pay all money and other valuables, such as wages, compensations, etc., within 14 days from the date of his retirement, unless there exists an agreement between the parties on the extension of

Defendants have worked from April 1, 2008 to February 28, 2013 at the said workplace.

A retired worker E’s night work allowance of KRW 2,917,80, monthly allowance of KRW 2,078,032, bonuses of KRW 643,304, annual allowance of KRW 1,645,437, etc. was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

(b) An employer shall pay retirement allowances within 14 days from the date of retirement, unless otherwise agreed by the parties on the extension of the due date for payment.

Defendants have worked from April 1, 2008 to February 28, 2013 at the said workplace.

511,582 of retirement allowances of retired workers E was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

1) From April 1, 2008 to February 28, 2013, E served as the captain of the Seocho-gu Seoul Metropolitan Government D Apartment Management Office, Seocho-gu Office, Seoul. 2) From March 15, 2013 to February 28, 2013, E did not pay KRW 84,548,140, monthly allowances, monthly allowances of KRW 3,641,85, bonuses of KRW 31,477,872, annual allowances, annual allowances of KRW 3548,125, retirement allowances of KRW 17,740,628, food expenses of KRW 3,420,00, extended allowances of KRW 86,251,50, total amount of KRW 230,628,170.

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