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(영문) 의정부지방법원 고양지원 2016.09.02 2016고정523

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative director of the Co., Ltd. in the case of Pakistan, who is engaged in the manufacturing business by employing 12 full-time workers.

1. 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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business, worked from September 1, 2014 to September 30, 2015, and retired from the said place of business, did not pay KRW 1,256,070 in the amount of July 7, 2015, and KRW 2,037,110 in the amount of August 2015, and KRW 5,619,050 in the aggregate of KRW 2,325,870 in the amount of August 2015, and KRW 2,325,870 in the amount of wages for September 20, 2015, within 14 days from the date on which the cause for the payment occurred,

2. 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 if special circumstances exist.

Nevertheless, the Defendant is working from September 1, 2014 to September 30, 2015 at the above workplace.

The retirement allowance of 2,090,780 won was not paid 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 to the extension of the due date.

Judgment

In the case of the crime of failing to punish the defendant: Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and the dismissal of a public prosecution with an employee who expressed his/her intent not to punish the defendant after the prosecution of this case: Article