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(영문) 서울북부지방법원 2020.01.10 2019고단4336
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user who runs a construction business under the trade name of Seongbuk-gu Seoul Metropolitan Government Co., Ltd.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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 at the same workplace from May 15, 2018 to March 31, 2019.

D’s total wage of KRW 6,00,000 for January 201, 2019, the wage of KRW 6,000,000 for February 2019, and KRW 18,000 for the portion wage of KRW 6,00,000 for March 2019, without any agreement on the extension of the due date between the parties, was not paid within 14 days from the date of retirement as shown in the attached crime list, and the total wage of KRW 74,146,80 for eight workers was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

(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 in special circumstances, the date of payment may be extended according to an agreement between the parties.

Nevertheless, the Defendant is working at the same workplace from October 9, 2017 to January 25, 2019.

Retirement allowances of retired E in the same place of business for the same period, 3,813,33 won, and

The retired F's retirement pay of KRW 3,866,67 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in this case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and are expressed by the victim under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act

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