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(영문) 전주지방법원 2013.11.06 2013고정137
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is an employer who operates a construction business by employing one full-time worker at the site of the factory establishment construction work in the Jinanbuk-gun C.

When a worker dies or retires, the defendant shall pay the wages, compensations, and all 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, at the above site from May 1, 2009 to June 6, 2009, did not pay KRW 1,500,000 in wages in May 2009, and KRW 1,850,00 in total, and KRW 1,850,00 in wages in June of the same year within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. Determination

A. Article 109(1) and Article 36(1) of the Labor Standards Act are employers, and Article 2(1)2 of the same Act provides that the term “employer” refers to a business owner, a person in charge of business management, or any other person who acts on behalf of a business owner with respect to matters relating to workers. Here, the term “person in charge of business management” refers to a person in charge of general business management who represents or acts on behalf of a business owner with comprehensive delegation from the business owner for all or part of the business management.

(see, e.g., Supreme Court Decision 2005Do8364, May 11, 2006). In addition, “a person who acts on behalf of an employer with respect to matters regarding workers” refers to a person who has been given certain authority and responsibilities from an enterpriser with respect to the determination of working conditions, such as workers’ personnel affairs, wages, welfare, labor management, etc., or orders, direction, or

(See Supreme Court Decision 2008Do5984 Decided October 9, 2008, etc.). B.

According to the records of this case, the following facts and circumstances, i.e., the complainant C-Woo-gun.

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