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(영문) 서울중앙지방법원 2020.09.23 2020고정1311

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Jongno-gu Seoul Metropolitan Government (ju)C, is a user who ordinarily employs 10 workers and engages in stedry business. A.

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.

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

Nevertheless, the Defendant is working from August 17, 2015 to January 12, 2020 at the above workplace.

Wages of 300,000 won from January 18, 2020 to January 19, 2020, including 246,080 won of the year-end year-end refund of 2019, did not pay 300,000 won within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 10,356,163 of the retirement allowances set forth in the above D, which was retired from the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties

2. The judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since it can be acknowledged that the victim expressed his intention not to be punished against the Defendant after the instant indictment was instituted, the instant prosecution is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act