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(영문) 광주지방법원해남지원 2020.11.19 2020고단252
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Criminal facts are those who work as the representative director of C in the Jeonan-gun Group B, and are employed by 20 full-time workers, and those who work for the construction work at the construction site in the Jeonnam-gun E site after being awarded a contract with the Korea Rail Network Authority for “D.”

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from January 1, 2016 to November 30, 2018 at the construction site of Jeonnam-gun, Namnam-gun, E.

The retired F's wages of KRW 4,813,200 in November 2018 was not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the due date, and the total wages of KRW 21,193,99 in the attached Table 1, as shown in the attached Table 1, were not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

(b) An employer who violates 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from January 1, 2016 to November 30, 2018 at the construction site of Jeonnam-gun, Namnam-gun, E.

The retirement allowance of retired FF 13,889,665 won has not been paid within 14 days from the date of retirement without an agreement between the parties to the extension of the due date, and the total amount of 28,705,256 won shall be within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

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