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(영문) 대전지방법원 2017.08.09 2016고단4622

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of D (main owners) in the 8th floor of Daejeon-dong C building in Daejeon-gu, Daejeon, is an employer who runs a construction business using 35 full-time workers.

(a) When a worker dies or retires, the employer who violates the Labor Standards Act shall pay him/her wages, compensations, or other money or 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 did not pay the total amount of KRW 32,448,610 for two workers within 14 days from the date of retirement, as shown in the list of crimes in attached Table, such as the wage of KRW 3,070,750 on April 1, 2014, when he/she retired from the above workplace from office from office from June 1, 201 to August 8, 2016.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where 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 54,956,451, respectively, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties, as shown in the list of crimes in the attached Table, such as FF retirement pay 18,949,343, which retired from the said workplace, from March 11, 2009 to June 27, 2016.

2. The crime of non-compliance with judgment: The judgment dismissing a public prosecution on June 23, 2017 that submitted a written withdrawal of the petition stating the intention of the victims not to punish the victims under Article 109(2) of the Labor Standards Act; Article 44 of the proviso to the Guarantee of Workers’ Retirement Benefits Act; Article 327 subparag. 6 of the Criminal Procedure Act