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(영문) 대구지방법원김천지원 2020.11.12 2020고단640

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory room is the representative of the (State)C located in the Gyeong-si, North America, who ordinarily employs 12 workers and operates the machinery manufacturing business.

1. Where a worker retires from office, he/she shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant worked from September 1, 201 to July 9, 2019, as indicated in the attached list of crimes, and was retired from office, and did not pay the total of KRW 39,242,650 in the sum of wages from October 1, 2018 to July 2019, and the total of wages from September 1, 201 to July 9, 2019 of E- from March 2019 to July 2019, and did not pay KRW 10,382,250 in the aggregate of wages from March 1, 2018 to May 6, 2015 to March 30, 2018 to KRW 1,525,00 in the amount of wages from March 25, 200, and from March 26, 2018 to July 9, 2019 to October 19, 2018.

2. 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

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant served for the period from September 1, 201 to July 9, 2019 as indicated in the attached list of crimes, and served for the period from September 1, 201 to July 9, 201 as retirement pay of D retirement pay of KRW 740,716, and from September 1, 201 to July 9, 2019 and retired for the period from E’s retirement pay of KRW 511,480, and from September 1, 201 to August 30, 2018, while serving for the period from September 30, 201 to KRW 1,930,374, including H retirement pay of KRW 678,178, as well as retirement pay of KRW 1,930,374, without agreement between the parties on the extension of the present date.