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(영문) 대구지방법원 2015.09.18 2014고단4910

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the C representative director of the Co., Ltd., Ltd., in the Gumi-si B, who has been engaged in the manufacturing business using 13 full-time workers.

Where an employee dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, and in exceptional circumstances, the due date may be extended by mutual agreement between the parties concerned. The Defendant did not pay the total amount of KRW 10,06,960,00,000,000, including the total amount of wages of KRW 3,642,320,000,000 for May 1, 2011 to August 1, 2014, and KRW 3,642,320,000 for June 3, 202, 382,320, and KRW 3,042,320 for July 1, 206, and KRW 960 for each month without mutual agreement between the parties on the extension of the due date, as stated in the attached list of crimes.

From February 1, 2010, the Defendant did not pay the total amount of KRW 16,603,50,00, including KRW 5,534,500 in May 1, 2014, and KRW 5,534,50 in June wage in July wage, and KRW 16,603,50 in June 10, 2014, which is the regular wage payment date. < Amended by Presidential Decree No. 25438, Jun. 10, 2014; Presidential Decree No. 25473, Jul. 10, 2014; Presidential Decree No. 25505, Aug. 10, 2

(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 in special circumstances, extend the due date by mutual agreement between the parties concerned; and

The Defendant, while working in the foregoing workplace from January 1, 201 to August 1, 2014, did not pay 11,763,770 won of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.