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(영문) 대구지방법원 경주지원 2017.08.09 2016고단695
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant as the representative of E (State) in Ulsan-gu, Ulsan-gu, and the employer who operates a station business for facility security using five full-time workers from the racing Fund.

1. 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;

Nevertheless, the Defendant did not pay KRW 176,748,204 within 14 days from the date of each retirement, including KRW 1,561,263, Feb. 1, 2014 of G workers who worked in the above workplace and retired on July 1, 2015, total of KRW 169,904,724, and total of annual paid leave allowances, as shown in the list of crimes in the attached Table of Crimes.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay 29,766,60 won, including 5,373,600 won of retirement allowance of the above G, which was retired on July 1, 2015, within 14 days from the date of each retirement, as shown in the list of crimes in the attached Table, as well as 29,76,600 won.

Judgment

The applicable law: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Workers’ Retirement Benefits Guarantee Act; Article 44 of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 327 subparag. 6 of the Criminal Procedure Act is dismissed on July 14, 2017, after the institution of the instant indictment.

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