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(영문) 대구지방법원 2019.07.11 2019고정269

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of Daegu Jung-gu building B and the (ju) C in the first floor, who employs 30 full time workers and operates chartered bus business.

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

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

Nevertheless, the Defendant is working from April 3, 2015 to June 29, 2018 at the above workplace.

D's wages of 473,100 won for April 3, 2018, wages of 1,710,000 won for May, and wages of 3,788,100 won for June and labor from May 31, 2017 to June 24, 2018.

The retired E's wage of KRW 1,640,100 for May 2018, and the wage of KRW 1,550,00 for June, and KRW 3,190,00 for total amount of KRW 6,978,10 for total amount of KRW 6,978,10 for total amount of KRW 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working from April 3, 2015 to June 29, 2018 at the above workplace.

A retired D's retirement allowance of KRW 5,592,255 and from May 31, 2017 to June 24, 2018.

The retirement allowance of retired E was not paid KRW 1,805,841, total amount of KRW 7,398,096, within 14 days from the date of occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are the 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 statement under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee