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(영문) 수원지방법원 2017.11.17 2017노5054
근로자퇴직급여보장법위반등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged 1) The Defendant in violation of the Workers’ Retirement Benefit Security Act is the representative of the E Co., Ltd. (hereinafter “instant company”) located in Si interesting City, who ordinarily employs 10 workers and engages in wholesale and retail business of food materials.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

However, the Defendant did not pay the total of KRW 19,940,075 of the retirement allowances of two workers (hereinafter “employee of this case”) within 14 days from the date of retirement without agreement between the parties to the extension of the payment date, as shown in the list of criminal facts attached to the lower judgment, as well as KRW 7,997,908 of the F retirement allowances retired from office from March 2, 2010 to December 31, 2015, as well as KRW 19,940,075, as stated in the list of criminal facts attached to the lower judgment.

2) If a worker dies or retires, the employer violating the Labor Standards Act shall pay the worker wages, compensations, and any other money or 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 did not pay KRW 5,132,120 to 14 days from the date of retirement without agreement on the extension of the payment deadline, as stated in the list of criminal facts stated in the judgment below, such as F’s annual allowances of March 2, 2015, which worked from March 2, 2010 to December 31, 2015 at the same place of business, including KRW 229,320.

3) An employer violating the minimum wage law shall pay workers wages above the minimum wage under the Minimum Wage Act.

Nevertheless, the Defendant, from March 2, 2010 to December 31, 2015, paid KRW 900 to workers F who worked in the said workplace from March 2, 2010 to December 31, 2015, at a price below 5,580 won, which is the minimum wage amount in 2014.

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