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(영문) 대구지방법원 경주지원 2018.01.10 2017고단747
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

The summary of the facts charged [2017 Highest 747] The Defendant is the actual representative of the C Co., Ltd. in the racing-si, who employs approximately 15 full-time workers and operates the business of manufacturing ship machinery and equipment.

1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant did not pay 53,218,862 won in total, including four workers, such as E, F, G, etc. wages, annual leave allowances, annual settlement of accounts, and refund money at the end of the year, within 14 days from the date of each retirement, as well as 1,200,00 won of D's wages, which were worked at the above company's workplace around December 31, 2014.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the defendant did not pay 14,970,647 won in total for two employees, including E, within 14 days from the date of each retirement, including that he/she worked in the workplace of the above company and did not pay 10,957,117 won in retirement allowance of H around June 30, 2016.

[2017 Highest 819] The Defendant is the actual representative of the C Co., Ltd. in racing-si, who employs approximately 15 full-time workers, and operates the manufacturing business of ship machinery and equipment.

1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant is working at the above company's workplace on June 30, 2016, the wages of 1,720,000 won for the employee I retired from office on or around June 30, 2016, the wages of 7,558,521 won and the settlement refund of accounts at the end of the year of November 30, 2016, the wages of K 9,60,000 won for the employee who retired from office on January 31, 2017, and the wages of 6,000 won for the employee L who retired from office on January 31, 207.

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