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(영문) 대구지방법원 2012.12.28 2012고정2946
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, as the representative of Seocho-gu Seoul Metropolitan Government E company in Seocho-gu, is an employer who runs a construction business employing 120 full-time workers.

When a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days, unless otherwise agreed by the parties concerned about the extension of the due date from the time when the cause for such payment occurred.

Nevertheless, the defendant has been on-site management at the new construction site in Daegu Jung-gu F where the defendant was working.

On July 1, 2011, retired H's retirement allowance of 18,837,270 won was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Facts recognized as recorded;

A. He joined the company on June 27, 2004, but went back on May 2006, and went back on September 27, 2006, and served until June 30, 201.

B. H received monthly salary of KRW 4,000,000 from the above company during the period of service.

C. On May 16, 2006, H drafted a written confirmation that it promised to repay a certain amount of money every month for 15,000,000 won useful money during his/her service.

(No. 38 pages). (d)

H, on March 13, 2009, drafted a written confirmation to offset the retirement allowance claim accrued until the time and the claim against H by the said company without redeeming the money promised as above.

(39 pages). (e) An investigation record;

H, from January 1, 2009 to December 31, 2009, received interim settlement amount of retirement pay, and drafted on December 31, 2009 the interim settlement receipt and pledge of retirement pay with the purport that no civil or criminal objection is raised.

(F) H has no objection to the receipt of interim settled retirement allowances, including the monthly amount of the annual salary, from April 1, 2009 to May 30, 201, and there is no civil or criminal objection against the retirement allowances already received.

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