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The defendant shall be innocent.
Reasons
1. In the facts charged, the Defendant is the actual operator of (ju)D in the following cities: (a) the Defendant is an employer who has run a waste recycling business by employing 30 full-time 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 if special circumstances exist.
Nevertheless, on January 10, 2010, the Defendant retired from the said place of business (from December 16, 2006 to January 10, 2010) the annual unused leave allowances of E (from January 10, 2006 to December 16, 2006) and the annual paid leave allowances of 765,520 for the year 207 and the annual paid leave allowances of 1,148,280 for the year 2008, and on July 5, 2010, the Defendant did not pay the annual paid leave allowances of F (from November 19, 2007 to July 5, 2010) for the retirement of F (from the annual paid leave allowances of 1,492,800 for the year 2008 to December 31, 2010 to the retirement of 208.
2. As to the above charged facts alleged by the Defendant, the Defendant asserts that (ju), D entered into a labor contract including E, F, G with workers, and the comprehensive wage system, and that it is not guilty since all wages including annual paid leave allowance are paid.
3. In light of the records of this case, 1)D provides for the basis of annual salary contract (general wage system) in Article 50 of the Rules of Employment by stipulating that “The composition of wages is composed of basic pay, allowances, and bonuses, etc., and annual salary system wages shall be governed by separate provisions.” Articles 61 through 67 of the Rules of Employment stipulate the basis for overtime work allowance, holiday work allowance, night work allowance, year-end work allowance, annual allowance, monthly allowance, and other allowances; 2)D is divided into overtime work allowance, holiday work allowance, night work allowance, year-end allowance, monthly allowance, and other allowances; 3)D on January 2, 2008.