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(영문) 대구지방법원 서부지원 2019.08.21 2019고단10
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Daegu-gu Month B located in B, is an employer who has operated a manufacturing business with two full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act 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 worked in the foregoing workplace from August 1, 201 to March 24, 2018, and did not pay KRW 12,50,000,000 as wages, including the total amount of wage of KRW 2,90,000,000,00 on December 1, 2017, and wage of KRW 2,90,000,000 on January 2, 2018, and wage of KRW 2,90,000,00 on February 2, 2018, and wage of KRW 2,245,152 on March 24, 2018, without agreement on extension of the payment date between the parties concerned.

(b) 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

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

Nevertheless, the Defendant worked in the foregoing workplace from August 1, 201 to March 24, 2018 and worked in the workplace from March 19, 2018, and did not pay 32,51,084 won in total, including 13,260,124 won in retirement pay of retired workers E and 14 days in total from March 2, 201 to July 31, 2016.

2. The instant facts charged are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Articles 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201); and Article 109(2) of the Labor Standards Act.

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