beta
(영문) 대구지방법원 2014.04.10 2013고단5965

근로기준법위반등

Text

All of the public prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is a representative C in Sinsan, who employs 30 full-time workers and operates a textile product providing business.

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

[2013 Highest 5965] Defendant: (a) was working in the production division from January 15, 1999 to March 9, 2013 at the same place of business and retired from the said place of business; and (b) the same year; (c) was paid as wages 2,07,265 won on April 1, 2009;

5. Wages of 2,159,900 won, and the same year.

6. Wages of 1,960,800 won, and the same year.

7. Wages of 1,955,970 won, and the same year.

8. Wages of 1,965,970 won, and the same year.

9. Wage of 2,080,620 won, wage of 1,905,370 won on February 2, 2011, and the same year;

3. Wages of 1,927,220 won, and the same year.

8. Wage of 1,932,860 won, wage of 1,021,575 won, and the same year;

4. Wages of 2,045,520 won, and the same year.

5. Wages of 2,043,150 won, and the same year.

6. Wages of 2,043,150 won, wages of 2,143,00 won on November of the same year, and wages of 1,121,425 won on December of the same year, and wages of 2,143,00 won on January 2, 2013, and the same year;

2. Wages of 2,143,000 won, and the same year; and

3. As indicated in the list of offenses, wages and annual allowances of 119,641,170 won and retirement allowances of 13,358,681 won, total of 132,99,851 won and total of 132,99,851 won were not paid within 14 days from the date of retirement without agreement for extension of the due date.

The Defendant, “2014 Highest 526” from June 24, 2013 to July 29, 2013, when he/she retired from his/her place of business, did not pay the total of KRW 1,410,15,00 within 14 days from the date of his/her retirement without an agreement on the extension of the due date.

2. Each of the facts charged in this case is an offense 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 is against the employee’s explicit intent under the proviso of Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits