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(영문) 서울서부지방법원 2018.10.25 2018고정635

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a C representative on the Yongsan-gu Seoul Metropolitan Government B, Yongsan-gu, 1, and 2, who ordinarily employs three workers and operates restaurant business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 did not pay the total of 3.67 million won, including the wages of 1.65 million won in August 2017 and the wages of 2.67 million won in August 29, 2016 to August 18, 2017, which were worked in the above workplace from July 25, 2017 to August 25, 2017 at the above workplace, within 14 days from the date of each retirement, which is the cause of payment, without agreement between the parties on the extension of the due date of payment.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant did not pay KRW 2,839,670 of D retirement pay from January 29, 2016 to July 25, 2017 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment deadline.

2. Crimes of non-prosecution for judgment: The judgment dismissing a public prosecution that submitted to this court a document indicating his/her intention not to punish workers on September 20, 2018 after the institution of public prosecution under Articles 109(1), 109(2), and 36 of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and Article 9: Article 327 subparag. 6 of the Criminal Procedure Act;