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(영문) 대구지방법원 서부지원 2020.01.22 2019고단2520
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the actual operator of C in Daegu-gu, is an employer who employs two full-time workers and operates the production levy.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

except that if there are special circumstances, the date may be extended by an agreement between the parties.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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.

From October 24, 2008 to June 19, 2019, the Defendant did not pay wages of 3,177,872 won on May 5, 2019, wages of 1,836,053 won on June 6, 2019, wages of 1,836,053 won on September 1, 2009 to June 20, 2019, wages of 2,942,303 won on May 2, 2019, wages of 1,538,127, total wages of 9,494,355 won on June 1, 2019, without an agreement between the parties on the extension of the payment date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker dies or retires, pay a retirement allowance within fourteen days after the cause for such payment occurred; and

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

From October 24, 2008 to June 19, 2019, the Defendant did not pay 32,712,940 won of retirement allowances, total retirement allowances, 70,822,870 won from the date of retirement within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

2. The facts charged in this case are the facts charged under Articles 109(1) and 36 of the Labor Standards Act.

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