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(영문) 대구지방법원 2015.01.22 2014고단5124
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, the summary of the facts charged, “2014 Highest 5124,” is an employer, who is the representative of Youngcheon-si (ju)C, employs ten full-time workers and operates industrial machinery manufacturing business.

1. The Defendant in violation of the Labor Standards Act did not pay 52,870,850 won in total, including wages, bonuses, annual allowances, and annual allowances of workers D, E, F, G, H, I, I, and J, within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the total amount of KRW 47,224,200 to the retired workers D, E, F, G, H, I, and J, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The defendant of the "2014 Highest 6764" is a representative C Co., Ltd. located in Yongcheon-si, who has employed seven full-time workers and operated the manufacturing business of industrial machinery.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay him/her wages within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total of KRW 22,528,90 in K’s wages and bonuses within 14 days from the date of retirement without agreement on the extension of the due date.

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

Nevertheless, the defendant did not pay 23,431,430 won of K's retirement allowance within 14 days from the date of retirement without agreement on the extension of the due date.

2. Reasons for the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, main sentence of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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