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(영문) 대구지방법원 경주지원 2018.06.07 2018고단12

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the Defendant, who is the representative of the C Medical Care Center in the racing-si, and operates paid medical care center using six full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay KRW 930,00 of the wages of April 1, 2017, KRW 1,530,00 of the worker D who retired from the said workplace on April 1, 2017; KRW 1,530,00 of the wage of May 1, 2017; KRW 3,069,280 of the annual allowances for non-use; KRW 3,000 of the wages of April 2017; KRW 1,530,000 of the wages of April 1, 2017; KRW 362,322,320 of the annual allowances for non-use; and KRW 5,791,600 of the wages of two workers, including KRW 5,791,60, from the date of retirement without agreement on the extension of the payment period between the parties.

(b) An employer shall pay wages at least once a month on a fixed date;

Nevertheless, from November 2016 to May 201, 2017, the Defendant did not pay 10,500,000 won monthly wage of 1,50,000 won on each regular payment day (25 days).

(c)

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

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

Nevertheless, on June 1, 2017, the Defendant did not pay KRW 4,029,944 as well as KRW 2,079,032 as retirement allowances of retired workers D and KRW 1,951,912 as retirement allowances of E retired workers on the same day within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. The facts charged in the instant case are governed by Article 109(1) or (3) of the Labor Standards Act.