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(영문) 인천지방법원 부천지원 2020.01.09 2019고단2679
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. In the facts charged, the Defendant is a representative director of C Co., Ltd., which is located in Kimpo-si, and runs the business of manufacturing private cars using 15 full-time workers.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, retirement allowances, and other money or valuables within 14 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 is working from November 1, 2007 to April 19, 2019 at the above workplace.

A retired D's wage of KRW 3,038,575 on February 2, 2019, and KRW 182,642,99 on the sum of 15 retired workers in arrears, as indicated in the attached list of crimes, did not pay each of them within 14 days from the time when the cause for payment occurred without an agreement between the parties on the extension of the due date.

(b) An employer in violation of 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 of payment may be extended by agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working from November 1, 2007 to April 19, 2019 at the above workplace.

The retirement allowances of retired D, including 33,880,396 won, did not pay 271,917,025 won in total for the retirement allowances of 12 retired workers within 14 days from the date of occurrence of the reasons for payment without any agreement between the parties on the extension of the due date.

2. Provisions of applicable 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, and Article 44 of the Guarantee of Workers' Retirement Benefits Act shall be dismissed from dismissing workers'

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