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(영문) 대구지방법원 서부지원 2015.01.14 2014고정1057
근로자퇴직급여보장법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who actually operates D Co., Ltd. in Daegu-gu C and employs 51 full-time workers and operates a taxi transport business.

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

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

Nevertheless, the Defendant worked from July 14, 2012 to September 9, 2013 at the above workplace and did not pay KRW 672,674 of retirement allowances E to retired workers within 14 days from the date of retirement in which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.

The defendant of "2014 High 1058" is a person who actually operates D Co., Ltd. in Daegu-gu C and employs 51 regular workers and operates taxi transportation business.

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

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

Nevertheless, the Defendant had worked from February 10, 2012 to October 3, 2013 at the above workplace, and had not paid 858,425 won of F's retirement pay to retired workers within 14 days from the date of retirement where the cause for payment occurred without agreement between the parties on the extension of the due date.

2. Determination

A. Under a collective agreement between the defendant and the defense counsel's assertion that the worker should deduct the unpaid amount of transportation income to be paid to the company from the wages, and the response that the wages that can be deducted from the related agencies include retirement allowances, and that deduction of the unpaid amount of transportation income from the wages, retirement allowances, and annual rent is customary practices of the taxi companies.

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