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(영문) 대구지방법원 경주지원 2015.06.24 2015고단224

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C in the racing-si, employs ten full-time workers and operates a service business. A.

When a worker retires, an 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 worked at the above camping site from March 5, 2012 to November 21, 2014, and was retired from office on September 22, 2014, 940,000 won of wages, November 1, 2014, and KRW 1,950,000 of wages, from May 21, 2012 to September 11, 2014, and did not pay KRW 1,440,782 won on July 1, 2014; KRW 1,40,750 on September 11, 2014; KRW 10,000 on October 14, 2014; and did not pay KRW 1,50 on October 14, 2014 to workers retired from office within the aforesaid camping site without the agreement on the date of payment; and KRW 1,50 on October 14, 2014.

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

Nevertheless, the Defendant worked in the above camping site from March 5, 2012 to November 21, 2014, while serving in the above camping site, and worked in the above camping site from May 21, 2012 to September 11, 2014, and did not pay 14,94,000 won in total, including two employees E’s retirement allowances from September 12, 2014, including 6,456,520 won, and 14,94,000 won, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. Each of the above facts charged is a crime of non-violation of intention, and each of the above facts charged submitted a written agreement to the effect that the above workers do not want punishment against the defendant on June 24, 2015, each of the Criminal Procedure Act.