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(영문) 인천지방법원 부천지원 2019.03.18 2019고단96
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the Bupyeong-si Building B and the Dispute Resolution Co., Ltd. in the second floor, who operates the manufacturing industry using 20 full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked in the above workplace from November 1, 2012 to July 18, 2018, and did not pay KRW 8,341,556 of D retirement pay 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 on the extension of the due date.

2. Applicable provisions to the facts charged: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits: Judgment dismissing employees' expression of intention not to punish after an indictment under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act: Article 327

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