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(영문) 의정부지방법원 고양지원 2018.07.10 2018고단1083
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The defendant in the facts charged of this case is the representative director of the Bank of Korea D, which is in the Bank of Korea, and operates a household manufacturing business using 13 full-time workers.

(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money or 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: (a) from January 1, 2013 to July 31, 2016, 201: (b) 2,50,000 won on September 9, 2013; (c) 1,50,000 won on February 2, 2015; (d) 2,50,000 won on March 1, 2015; (e) 6.6.0,00 won on May 2, 2015; (e) 6.0,50,000 won on May 2, 2015; and (e) 6.0,50,000 won on May 2, 20, 205; and (e) 6.0,50,000 won on May 31, 2015; and (e) wage 2,50,000 won on July 2, 2015;

(b) An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days after the grounds for payment occur, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay KRW 8,864,142 of the retirement allowances of retired workers E from the said workplace from January 1, 2013 to July 31, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. Determination

A. Applicable legal provisions: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1 of the Workers’ Retirement Security Act.

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