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(영문) 수원지방법원 2017.10.19 2017노4369
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) S’s testimony was made three years after the occurrence of the instant case. Even if some unclear statements were made, it does not reject S’s testimony. The amount that employees did not receive, is small amount, and there is a hard aspect to actively respond in addition to filing a petition by designating a representative who is the petitioner in light of the worker’s working conditions, and there was no fact that M who performed the duty to confirm the presence of a daily employee did not have to fulfill his duty to pay wages. In light of the above, the facts charged in the instant case can be found guilty, but the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is the representative director of the D Co., Ltd. located in Ansan-gu, and the Defendant is the employer who is engaged in the construction business of urban facilities in the Sejong-si, E and F living zone by using 50 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay the total of 4.72 million won for the extension of the payment date to 14 days from the date of retirement without agreement between the parties concerned, as well as the total of 2.65,000 won, including the total of 1.5 million won of the part-time wage of November 2013, 2013, and the total of 1.125,000 won of the part-time wage of December 2013, 2013, as well as the total of 15,000 won of the part-time wage of December 2, 2013.

B. Judgment of the court below.

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