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(영문) 전주지방법원정읍지원 2020.10.15 2020고단377
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is a representative of C (main) located in B in the Jeonbuk-gun, North Korea, and is an employer who operates a rural bus operation service business using 35 regular workers.

1. Where a worker dies or retires, an employer unpaid such as wages, etc. shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 worked in the said workplace from January 1, 2002 to January 11, 202, 202, and paid 2,085,240 won of annual leave allowance of 2,085,240 won of retired workers D, 81,580,757 won of retirement allowance of 81,580,757 won, and 92,617,849 won of retired workers E's retirement allowance of 92,617,849 from June 5, 198 to March 22, 2019 without any agreement between the parties on the extension of the due date.

2. An employer who violates an obligation to pay wages on a regular date shall pay wages at least once a month on a fixed date;

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, from May 1, 2010 to April 20, 2020, the Defendant did not pay KRW 42,842,260, a total of seven wages as shown in the annexed crime list, including KRW 4,162,70, as well as KRW 42,842,260, as in the annexed crime list.

Judgment

The applicable provisions to facts charged: Articles 109(1) and 36 of the Labor Standards Act, Articles 109(1) and 43(2) of the Labor Standards Act (the fact that payment is not made on a regular date of payment of wages), Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that payment of retirement allowances is not made on a regular date of payment of wages): Article 109(2) of the Labor Standards Act, Article 44 of the Guarantee of Workers' Retirement Benefits Act, workers who expressed their intention not to be punished after prosecution.

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