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(영문) 대구지방법원 김천지원 2014.09.17 2014고정333
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative of the E Hospital in Kimcheon-si, who is engaged in medical service business using 300 full-time workers.

The Defendant did not pay the sum of KRW 3,342,100 from March 1, 2009 to March 2010 of F working hours from April 1, 1993 at the above workplace without an agreement between the parties on the extension of the payment date, respectively, within 14 days from the date when the grounds for the payment occurred.

2. As wages (including bonuses) or retirement allowances for which the right to claim the payment has already arisen, are transferred to the worker’s private property area and entrusted to the worker’s disposition, insofar as the trade union does not obtain an individual consent or authorization from the worker, a collective agreement between the employer and the employer does not take any action such as waiver or postponement of payment. The normative effect of a collective agreement does not extend to a person who is not a trade union member pursuant to Articles 35 and 36 of the Trade Union and Labor Relations Adjustment Act, unless it extends the validity of the collective agreement. In order to unilaterally change the contents of the existing working conditions to the worker disadvantage by the amendment of the rules of employment, the consent by collective decision-

The consent method is that if there is a labor union organized by a majority of workers, the labor union must consent by a majority of the workers' meeting if there is no such labor union, and if there is no such labor union, it cannot be effective as a modification of the rules of employment unless the consent is given by the above method, and if there is any ground for dispute as to the existence of the obligation to pay wages, etc., it shall be deemed that there is a reasonable reason for the employer to not pay the wages, etc., and therefore, the employer shall pay the wages, etc

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