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(영문) 대구지방법원 김천지원 2019.01.08 2018고단994
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who ordinarily employs 12 employees as the operator of the Gu and the Gu and the Si and the Si and the Si and the Gu and the Si and the Si and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu

When a worker dies or retires from office, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, compensations, etc., within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties.

Nevertheless, the Defendant did not pay the total of KRW 56,50,000, and KRW 44,481,450, and KRW 450, who worked in Company I during the period from May 2, 2013 to December 1, 2017 from June 3, 2013 to July 21, 2017, to employees K’ wages employed in Company I, etc., without any agreement between the parties concerned, at least 14 days from the date of retirement.

(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

Nevertheless, the Defendant did not pay KRW 6,306,097 from January 7, 2015 to May 31, 2016, as retirement pay 4,108,695 won and retirement pay to K workers who worked in the said D from November 1, 2015 to July 21, 2017, without agreement between the parties to the extension of payment deadline.

2. Of the facts charged in the instant case, the unpaid amount of wages, etc. is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act.

Article 109(2) and (3) of the Labor Standards Act.

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