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(영문) 울산지방법원 2018.12.20 2018고정384

근로기준법위반등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is an employer as a person in charge of operating an electrical construction business with 100 full-time workers within the Ulsan-gu Special Line C Co., Ltd. (hereinafter “C”) located within the Ulsan-gu Special Line B.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 employed in the above workplace from November 26, 2015 to January 25, 2017, and did not pay the retirement allowance of KRW 635,159 within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement between the parties on the extension of the payment date.

2. Summary of the parties’ assertion

A. The Defendant’s gist of the Defendant’s assertion argues that there was no unpaid wages and retirement allowances, since the Defendant managed E Co., Ltd. (hereinafter “instant company”), as the management status of C was omitted, the management status of the instant company was omitted, and that there was an agreement between all employees, including D around May 2016 and 20% reduction of wages.

B. On May 2016, D consented to the reduction of wages of one month (or two months) or 20% of the Defendant’s demand for the reduction of wages by the prosecutor’s summary of the prosecutor’s assertion, but there was no consent to the reduction of wages excluding this. Therefore, the Defendant is liable to pay unpaid wages and retirement allowances as stated in the facts charged.

The argument is asserted.

3. Determination

A. According to the arguments and evidence records at the trial of facts, the following facts can be acknowledged:

(1) Since the depression of the shipbuilding industry, C aggravated management status around 2016.

Accordingly, this case.