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(영문) 대구지방법원서부지원 2020.12.10 2020고정343

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendants are users who operate the headquarters of telecommunications equipment sales companies with the trade name of “C” and jointly conduct the business of selling telecommunications equipment by opening 7 branches, such as the C’s death charging point of the location D, the C’s sexual bookstore of the location E in Daegu-gu, and the C’s store of the F in Daegu-gu, Seo-gu.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, on May 21, 2018, the Defendants conspired to serve until November 30, 2019 by being employed by the Defendants at the said “C” merchant store, and did not pay KRW 2,990,000 as well as KRW 9,936,774 as stated in the attached Table 1, including the total amount of wages of KRW 1,00,000 on August 8, 2019 of the retired workers G, and wage of KRW 1,990,00 on November 1, 2019, and KRW 2,990,000 as indicated in the attached Table 1, within 14 days from each retirement date without agreement on the extension of the payment date between the parties.

(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 Defendants conspired with the Defendants on January 2, 2017, and continued to work until December 31, 2018, and were employed by the Defendants and continued to work until December 31, 2018, and were retired workers H’ retirement allowances of KRW 4,884,603, as stated in the attached Table 2, did not pay the total of KRW 16,975,654 within 14 days from the date of each retirement without agreement on the extension of the due date between the parties.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are the victim’s explicit employees under the proviso of Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits