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(영문) 대구지방법원 2019.08.13 2019고정488

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the defendant, as the representative in Daegu-gu C, 10 full-time workers, who ordinarily engage in distribution and wholesale and retail business of food materials.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant is working from February 10, 2007 to May 18, 2018 at the above workplace.

Withdrawn’s wages of 60,000 won in May 2018, and from September 1, 2013 to May 18, 2018

A retired E’s total of 437,860 won, such as wages of 377,860 won in May 2018, was not paid within 14 days from the date on which the cause for payment occurred without an agreement between the parties to the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is working from February 10, 2007 to May 18, 2018 at the above workplace.

A retired retirement allowance of 18,132,537 won, or from September 1, 2013 to May 18, 2018.

Retirement pay of retired E 7,348,197 won, and from July 8, 2003 to May 18, 2018.

The retirement allowance of retired F was not paid KRW 49,397,533 in total, including KRW 23,916,79,000, within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are those 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 may be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.