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(영문) 대구지방법원 2019.11.22 2019고단4163
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. A criminal intent is the representative director of the Sinsan City B Building C and D, and the user who manufactures medical devices and engages in wholesale and retail business using 11 full-time workers.

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

Nevertheless, the Defendant did not pay 12,721,789 won in total, including the wages, etc. of 11 employees, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date of payment between the parties as shown in the attached crime list, as well as the payment of 700,000 won in February 2019, which served as an employee F from December 12, 2016 to April 16, 2019.

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

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

Nevertheless, the Defendant did not pay KRW 30,419,596 of retirement pay of G retirement pay of retired workers from the above workplace from October 24, 201 to February 1, 2019, and did not pay KRW 98,538,880 in total for 11 employees as stated in the attached list of crimes, as stated in the attached list of crimes, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. After the prosecution of this case is instituted.

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