beta
Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the C representative of the Co., Ltd. in Gyeonggi Government-si B, who runs a manufacturing business with four regular workers. A.
When a worker dies or retires, the employer in violation of the Labor Standards Act 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, from February 12, 2001 to December 31, 2019, the Defendant did not pay the total of KRW 181,060 in February 2, 2019, the monthly wage of KRW 2,581,060 in February 12, 201, the monthly wage of KRW 2,581,060 in April wage of KRW 2,581,581,060 in May wage of KRW 2,581,060 in June wage of KRW 2,581,060, the monthly wage of KRW 2,581,060 in July wage of KRW 2,534,575,09 in August wage of KRW 2,575,09 in KRW 2,564,630 in September wage of KRW 2,570 in November wage of KRW 570,540 in May 25, 2005; and
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the amount of KRW 28,678,747 of the retirement allowance of workers D, who worked in the above workplace from February 12, 2001 to December 31, 201, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.
2. Determination of applicable provisions of Acts: 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 (the fact that retirement allowances are not paid): Article 109(2) of the Labor Standards Act, Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 44 of the Act on Guarantee of Workers' Retirement Benefits, after the prosecution of this case, a worker D wishes