(영문) 대구지방법원 2014.01.10 2013노1749 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2014.01.10 2013노1749

근로기준법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Even based on the Defendant’s assertion of the gist of the grounds for appeal, the Defendant did not pay KRW 150,000 per month to E as wages within 14 days from the date of his/her retirement, and thus, at least, there was intention for nonperformance of the duty to liquidate money and valuables within the extent of KRW 1.5 million.

2. Determination

A. The summary of the facts charged is that the Defendant is the actual manager of the D Co., Ltd. located in North Korea-Gu, North Korea-si, and runs a construction business by employing four regular workers.

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

Nevertheless, the Defendant is working from February 18, 2012 to July 6, 2012 at the above workplace.

On June 2012, retired workers E did not pay 1.9 million won of wages in June 2012 within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

B. If there is a ground for dispute over the existence of the obligation to pay wages such as 1 wages, it shall be deemed that there exists a considerable reason for the employer to not pay the wages, etc. Therefore, it is difficult to recognize that the employer had an intention to commit a crime of violation of Articles 109(1) and 36 of the Labor Standards Act. Whether there is a ground for dispute as to the existence and scope of the obligation to pay wages, etc. shall be determined in light of all the circumstances at the time of dispute over the existence and scope of the obligation to pay wages, etc., such as the reason for the employer’s refusal of payment, the grounds for such refusal, the organization and size of the company operated by the employer, the purpose of business, and other matters, which are all other matters operated by the employer, and the employer’s civil liability

참조조문

-근로기준법 제36조

-근로기준법 제109조 제1항

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