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(영문) 인천지방법원 2020.11.27 2020고단8068

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates a motor vehicle parts manufacturing business with 40 full-time workers in the Nam-gu Incheon Metropolitan City, Seoul Metropolitan City, by making use of 40 employees.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from July 19, 2016 to April 30, 2020, the Defendant provided labor to the above workplace and did not pay KRW 3,087,246 of the retired workers D wages within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes, and did not pay KRW 46,041,114 of the total wages of five workers within 14 days from the date of retirement, as shown in the attached list of crimes.

(b) An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, from July 19, 2016 to April 30, 2020, the Defendant provided labor to the said workplace and did not pay KRW 12,195,536 of retirement allowances of retired workers D within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties, and without any agreement on the extension of the due date between the parties, and did not pay KRW 24,381,976 in total for four employees within 14 days from the date of his/her retirement as stated in the attached crime list.

2. Judgment: Dismissal of public prosecution;

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of each Labor Standards Act, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. The intent to punish the Defendant is withdrawn (the Agreement dated November 12, 2020 and the Certificate dated November 25, 2020).