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(영문) 대구지방법원경주지원 2020.12.22 2020고정190
근로기준법위반
Text

Each public prosecution of this case is dismissed.

Reasons

Summary of Facts charged

1. Defendant A

A. The Defendant is a real representative of D in racing-si, who employs approximately twenty-six full-time workers, and operates cleaning service business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 works in D.

In February 28, 2019, an employee E’s unpaid annual paid leave allowance of KRW 213,992 was not paid within 14 days from the date of his retirement, as well as an employee’s annual paid leave allowance of KRW 4,881,612, as shown in attached Table 1, as well as an employee’s paid annual paid leave of KRW 25,00 within 14 days from the date of each retirement.

B. The Defendant is a real representative of G in the racing-si, who ordinarily employs approximately twenty-eight workers, and operates cleaning service business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That where there are special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant works in G.

Around February 28, 2019, a worker H’s unpaid annual paid leave allowance of KRW 213,520 was not paid within 14 days from the date of his retirement, as shown in the attached Table 2 of the Crimes List, and a worker’s unpaid annual paid leave of KRW 2,745,440 was not paid within 14 days from the date of each retirement.

2. Defendant B is a real representative of J located in I, who ordinarily employs approximately thirty-six workers and operates cleaning service business.

An employer shall death or retire of a worker.

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