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(영문) 대구지방법원 경주지원 2017.12.20 2017고정210
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative of D in the racing-si, who ordinarily employs approximately eight workers and operates a vessel engine manufacturing business.

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 KRW 2,125,000, totaling KRW 425,000 as bonus as of the end of February 28, 2017, and KRW 1,700 as of the year 2017, and KRW 2,125,00 as of the year 2017.

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 3,547,709 won of retirement allowance E of his/her retired worker on February 28, 2017 at the same workplace within 14 days from the date of his/her retirement.

Judgment

Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 327 subparag. 6 of the Criminal Procedure Act on November 23, 2017 that a written agreement is submitted under the victim’s name after the date of the instant indictment:

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