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(영문) 대구지방법원 안동지원 2017.10.13 2016고단897
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant, as the representative of the (State)C at the time of permanent residence in North Korea, runs a retail business with 10 full-time workers employed.

1. An employer who has not paid wages or allowances shall, if the employee dies or retires, 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 the total of KRW 22,970,960 for workers’ wages, total of KRW 31,814,720 for bonuses, total of KRW 2,700,00 for retired workers’ wages in May 28, 2014 through May 31, 2016, and KRW 6,950,280 for annual paid leave allowances, including KRW 1,550,280 for annual paid leave allowances, and KRW 22,970,960 for annual paid leave allowances, and KRW 6,143,760 for annual paid leave allowances, total of KRW 2,70,00 for bonuses, and KRW 31,814,720 for wages and allowances within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. An employer who has not paid a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

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

Nevertheless, the defendant did not pay 18,421,857 won, including 5,535,884 won of retirement allowances of retired workers D from the above workplace from April 28, 2014 to May 31, 2016 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment without the agreement on extension of the payment date between the parties concerned, as stated in the list of crimes in the attached Table.

Judgment

The facts charged in the instant case constitute Article 109(1) and Article 36 of the Labor Standards Act, or Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits.

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