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(영문) 서울동부지방법원 2019.09.20 2019고정629
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The facts charged [2019 Highly 629] The Defendant is an employer who operates general restaurants using six regular workers at the trade name of Seongdong-gu Seoul Metropolitan Government “(D)C”.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned.

Nevertheless, the defendant is working from September 5, 2018 to October 31, 2018 in the above dispute resolution committee.

5,100,000 won in total, including wages of 2,100,000 won in September 2018 and wages of 3,000,000 on October 2018, 2018, were not paid within 14 days from the date of retirement without an agreement between the parties.

[2019 Highly 631] The Defendant is an employer who operates general restaurants using six regular workers at the name of Seongdong-gu Seoul Metropolitan Government “(D)C”.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the above workplace from May 20, 2018 to February 8, 2019, did not pay 21,482,960 won, including the sum of 1,80,000 won in December 2018, 2018, and 3,897,640 won in February 2019, and 3,897,640 won in February 2019, and 21,482,960 won in total among six retired workers, within 14 days from the date of retirement without any agreement on extension of the payment deadline between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, at the foregoing place of business, served from March 1, 2017 to October 10, 2018 and served as retirement allowance for retired workers and paid money and valuables between the parties.

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