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(영문) 대구지방법원 2014.02.06 2013고단3939
근로기준법위반
Text

All of the public prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the Co., Ltd. C in Daegu Suwon-gu, and is an employer who runs the interior medicine construction business with six full-time workers.

When a worker retires, an employer shall pay the wages and other money or valuables within fourteen days from such date, unless there exists an agreement between them extending a period of payment.

Nevertheless, the Defendant, at the above workplace from September 29, 2012 to October 13, 2012, did not pay 14 days after the date of retirement without an agreement on the extension of the payment deadline for the total of 10,290,000 won for six retired workers while working as shown in the attached list of crimes (1).

The Defendant, as the actual manager of C Co., Ltd. in Daegu Suwon-gu B, the Defendant is an employer who runs the interior medicine construction business with six full-time workers.

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

The Defendant, at C office from November 26, 2012 to May 20, 2013, served as an architectural design employee, and retired from C office, did not pay the total amount of wages of five workers 21,948,000 won on January 1, 2013, and wages of 2,100,000 won on March 3, 2013, and wages of 2,10,000,000 won on April 2, 2013, and wages of 70,000,000 won on May 20, 2013, as indicated in the attached list of crimes (2), within 14 days from the date of retirement without agreement between the parties to an extension of payment.

2. Each of the facts charged in the instant case can not be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records, each of the instant workers after the prosecution is instituted.

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