logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.01.24 2017고단821
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who runs the alternative transport business by using 12 full-time workers as the representative of the Nam-gu Seoul Building No. 1314 and the representative of the Dispute Resolution Co., Ltd. at the port of port.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 4,250,000 won in total, including two wage of 2,350,000 won on June 1, 2016 of E, retired on July 1, 2016, and wage of 1,90,000 won on June 6, 2016 of F, retired on the same day, to the lapse of 14 days from the date of each retirement without an agreement on the extension of the payment period between the parties.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

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

Nevertheless, on June 1, 2015, the Defendant was working in the above D, and paid 40,462,305 including four retirement allowances of H 7,186,410 won, and four retirement allowances of H 7,462, and 305 including four retirement allowances of H 7,186,410 won and four retirement allowances of H 7,462, and 305 days from each retirement date without agreement on the extension of the payment period between the parties concerned.

2. Article 109(1), Article 36 of the Labor Standards Act provides that each worker shall be punished for non-violation of will under Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits: Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 109(2) of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 109(2) of the Criminal Litigation

arrow