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(영문) 대구지방법원 김천지원 2017.03.28 2017고단162
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of the Co., Ltd. C in the Gu and America, is an employer who used five full-time workers to pack automobile parts.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant, at C, failed to pay the total amount of KRW 25,857,00 (2,357,000 for the wages of September 2014, and KRW 1,000 for the wages of October 1, 200, KRW 2,000 for the monthly wage of KRW 2,00,000 for the monthly wage of December, 12, KRW 3,000 for the monthly wage of KRW 2,50,000 for the March wage of KRW 3,00,00 for the April wage of KRW 1,00,000 for the April wage of KRW 1,00, KRW 1,000 for the May wage of KRW 1,00,00 for the wage of KRW 1,00,00 for the June of 1, 200, wage of KRW 1,000 for the wage of KRW 1,00 for the Party concerned, KRW 1,000 for the month of February of 3.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, at C, did not pay KRW 8,978,00 of retirement allowances of retired workers D on June 20, 2016 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. Of the facts charged in the instant case, the fact that wages are unpaid is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act.

According to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, each of the above crimes is a victim.

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