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(영문) 인천지방법원 2014.10.15 2013고단6085
근로기준법위반등
Text

Of the facts charged in the instant case, the violation of the Labor Standards Act to each worker stated in the attached list of crimes.

Reasons

1. The Defendant is an employer who employs 78 full-time workers in Gyeyang-gu Incheon Metropolitan City D and operates a medical corporation E.

The Defendant did not pay the F’s wages of KRW 4,140,758 and retirement allowances of KRW 389,481 and retirement allowances of KRW 4,530,239, which were worked in the said workplace from around December 9, 2007 to May 13, 2013, within 14 days from the date on which the cause for payment occurred without an agreement between the parties to the extension of the payment due date, and did not pay KRW 54,904,268 and retirement allowances of KRW 3,97,654, total sum of KRW 58,901,922, including wages, etc. of workers of KRW 22, as shown in the attached list of crimes, within 14 days from the date on which the cause for payment occurred without any agreement between the parties to the extension of payment due date.

2. Defendant's assertion;

A. The Defendant asserts that there is no obligation to pay KRW 184,370,00 for the year-end settlement refund unpaid to G, since he/she was not the representative of medical corporation E at the time of his/her retirement from office G (attached Form No. 14).

B. In addition, although the Defendant did not pay the instant wage and retirement allowance to the remaining workers, the Defendant asserts that his responsibility should be dismissed on the ground that there are inevitable circumstances in which the instant wage and retirement allowance could not be paid within the due date.

3. Determination

A. (i) Article 36 of the Labor Standards Act provides that an employer shall pay wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred when a worker dies or retires, thereby compelling the employer to liquidate the legal relationship early in order to promote the stability of the livelihood of retired workers, etc., while delaying the period required for such liquidation. As such, a violation of Article 109(1) of the Labor Standards Act due to delayed payment of wages, etc. is established at the expiration of 14 days from the date when the cause for payment occurred.

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