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(영문) 창원지방법원 2020.09.10 2020고단1439

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative of state C in Gyeong-si, Kim Yong-si, is an employer who ordinarily employs 11 workers and operates an industrial machinery manufacturing business. A.

An employer who violates the Labor Standards Act related to unpaid wages during his/her service shall pay the full amount of wages directly to workers in currency at least once a month on a fixed date.

Nevertheless, the Defendant did not pay the total of KRW 15,428,465 to September 2019, including KRW 2,929,165 of the workers D who worked in the above workplace on April 2019, on 15 days before the regular payment date, and did not pay the total of KRW 32,047,980 to two workers on 15 days before the regular payment date, as shown in attached Table 1 of Crimes List 1.

(b) An employer who violates the Labor Standards Act in relation to the breach of duty to liquidate money and valuables shall pay wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, if the worker dies or retires;

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

Nevertheless, the Defendant is working as a production worker from April 10, 2014 to December 30, 2019.

A retired worker D did not pay 13,260,209 won including wages, etc. on October 2019 within 14 days from the date of retirement without an agreement on the extension of the due date, and did not pay 23,989,694 won in total, including wages, etc. for two workers, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

(b) An employer in violation of 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 is working as a production worker from April 10, 2014 to December 30, 2019.

The retirement allowance of retired workers D 9,951,693 won is not agreed to extend the due date.