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(영문) 서울동부지방법원 2015.05.27 2015고정548
근로자퇴직급여보장법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a user who runs a construction business as the representative of the stock company C located in Songpa-gu Seoul Metropolitan Government B and fourth.

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.

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

Nevertheless, the Defendant is working in the workplace from June 27, 201 to March 31, 2014.

D's retirement D's wages of 3,787,290 won, and working at the same workplace from July 1, 2009 to July 8, 2014.

A retired E’s 2,931,600 won for business suspension on March 2014, 201, 2,931,600 won for business suspension on April 2014, and 2,931,600 won for business suspension on May 2014, and 2,931,600 won for business suspension on June 2, 2014, and 15,513,690 won for money and valuables of 2,931,600 won for business suspension on June 2014, were not paid within 14 days from the date of retirement without any agreement on the extension

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

The Defendant shall work at the relevant workplace from June 27, 201 to March 31, 2014.

A retired D's retirement allowance of 11,629,073 won, and from July 1, 2009 to July 8, 2014, shall work at the relevant place of business.

The retirement allowance of the retired E was not paid KRW 31,521,023 in total in 19,891,950 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 109(1) and 43(2) of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and are each victim’s explicit intent 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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