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(영문) 수원지방법원 2018.03.09 2017고단1325

근로기준법위반등

Text

Of the facts charged in this case, it is against each worker at least 1, 2, 4, 5, 6, 8, 9, 10, No. 1, 2, 4, 5, 6, 6, and 10,

Reasons

The acquittal portion

1. In the facts charged, the Defendant is a representative of the 5th floor C Schools located in Seongbuk-gu, Sungnam-si (hereinafter “D Schools”), who employs 29 full-time workers and operates an educational business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked as a teacher from August 29, 2016 to November 21, 2016 at the same place of business and retired from the said place of business, and had not paid KRW 3,250,000, total of KRW 1,750,000 on October 201, 2016, and KRW 3,250,00 on November 1, 2016, as well as KRW 1,24,50,55,68,9,740 on the annual wage of eight retired workers as shown in attached Table 1,24,5,61,128, and total of KRW 18,258,740 on the extension of the payment date between the parties without agreement on the extension of the payment date.

2. The Defendant recognized that each worker did not pay wages or retirement allowances as stated in the facts charged, and the Defendant operated.

D It is argued that the employer's complaint by the F and the detention of the defendant have not been operated normally due to the closure of the school, and the worker who works as the teacher has not been paid wages and retirement allowances to retire at one time.

The employer is not allowed to delay the payment of wages or retirement allowances to the employee solely on the ground that the company is in economic depression, but if it is deemed that the employer was unable to prevent the delayed payment of wages or retirement allowances or retirement allowances even if all gender and efforts were made, and that the employer was unable to expect more lawful acts or that the employer was an inevitable circumstance, such reasons shall be determined by the Labor Standards Act or the Act.