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(영문) 인천지방법원 2019.10.23 2019고단2669
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the user who conducts a comprehensive construction business with ten full-time workers as a manager of Yeonsu-gu Incheon Building B and D Co., Ltd. under subparagraph C.

1. Crimes against workers E, F, and G;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 worked from July 1, 2013 to July 31, 2018 at the above workplace and retired from the said workplace, and did not pay KRW 33,797,849, respectively, within 14 days from the date on which the cause for payment occurred without agreement on extension of the due date, including the total of KRW 1,670,00 in April 1, 2018, the monthly wage of KRW 1,670,00 in May wage of KRW 1,670 in June, and KRW 1,670 in July wage of KRW 1,670 in the attached Table of Crimes (1).

(b) An employer shall, if a worker retires, pay the retirement allowance within fourteen 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, at the above workplace from July 1, 2013 to July 31, 2018, did not pay, respectively, KRW 11,865,523 in total, including KRW 8,311,626 of retirement pay of E retired retirement pay and KRW 14 days from the date on which the grounds for payment occurred without an agreement between the parties on the extension of the payment deadline.

2. When a worker dies or retires, the employer who committed a crime against the worker H, I, or J shall pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, between the parties.

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