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(영문) 수원지방법원 2017.08.31 2016고단5054

근로기준법위반등

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case was that the Defendant revised the facts charged, as one of the co-managers of the rehabilitation corporation E, a corporate rehabilitation company, and the remaining wages and retirement allowances, all of which occurred from the commencement of the rehabilitation procedure to the discontinuation of the rehabilitation procedure.

It is an employer who ordinarily employs 40 workers and operates the manufacturing industry.

The Defendant, from September 8, 2010 to October 31, 2015, while serving in the said workplace and retired from the said workplace, did not pay KRW 23,39,521 in total of the F’s wages, KRW 33,228,08,087 in total of the payment allowances, and KRW 16,841,949 in retirement allowances, without any agreement on the extension of the payment date between the parties concerned, within 14 days from the date of retirement, and did not pay KRW 630,023,916 in total of wages and retirement allowances to 12 workers, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement.

2. Determination

A. The reason that the company's failure to pay wages or retirement allowances to an employee is not permitted, but if it is deemed that the employer was unable to prevent the delayed payment of wages or retirement allowances or retirement allowances even if all gender and efforts were made, and that the employer was no longer lawful act or it was deemed that the employer was an inevitable circumstance, such reason constitutes a ground for excluding liability for violation of the duty to pay wages or retirement allowances within the due date under the Labor Standards Act or the Act on the Guarantee of Workers' Retirement Benefits.

When a decision to commence rehabilitation procedures is made with respect to an enterprise, the authority to perform the debtor's business, manage and dispose of assets shall be [Article 56 (1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "Act on Debt Rehabilitation")] to the administrator. However, the administrator is not a debtor, his institution or representative, but a manager of the so-called interested organization comprised of debtors, creditors, etc.