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(영문) 대구지방법원 2015.11.04 2015고정1815
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative of C in Gyeongdong-gun B, who runs a manufacturing business with ten regular workers. A.

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

Nevertheless, the Defendant worked in the foregoing workplace from October 6, 2014 to December 10, 2014.

A retired worker D's wage of 1.5 million won in October 2014, 3 million won in November, 11, and 1.0 million won in December, 2012, including four workers' wage and annual allowances of 15,764,594 won in total, as shown in the attached list of crimes, were not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the 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.

Nevertheless, the Defendant is working in the foregoing workplace from January 1, 2009 to July 2, 2014.

The retirement allowance of retired workers E, including KRW 7,976,90, did not pay KRW 13,231,633 in total, as shown in the attached list of crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to each complaint cancellation letter.

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