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(영문) 대구지방법원 2017.04.19 2017고정157
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the C architect office located in Daegu Suwon-gu B, a full-time employee of the 40 workers, engaging in construction design and supervision business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 was working in the above workplace on July 25, 2016, and did not pay the total of KRW 3,370,740 in November 2015, KRW 3,247,80 in June 2016, KRW 3,247,188 in wage in July 2016, KRW 1,76,65 in annual allowances, KRW 18,200 in total, KRW 11,640591 in departure equipment and KRW 18,200 in total, and KRW 11,640,75 in July 26, 2016, KRW 52,90 in transportation allowance, KRW 60 in annual allowances, KRW 30,672,3737,327,327 in annual allowances, and KRW 184,196 in the agreement between the parties to retirement, including the parties to retirement.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant was employed by the said workplace from January 2, 2014 to July 25, 2016, and was employed by the employee D’s retirement pay of KRW 9,177,532 and KRW 11,87,911 in total, including KRW 2,710,379, and KRW 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and Article 109(2) and 109 of the Labor Standards Act.

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