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(영문) 수원지방법원 평택지원 2016.07.07 2016고단426

근로자퇴직급여보장법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is a user who runs a design business (a refund facility) by using six full-time workers as the representative of the (ju)C in Ansan-si in Gyeonggi-do.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total of KRW 33,180,751 from the date of retirement within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, as stated in the list of crimes in the attached Table, including KRW 1,451,690 of the remaining wages of the retired worker D on March 3, 2013, when working in the above workplace from November 5, 2012 to August 18, 2015.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the defendant did not pay the retirement allowance of KRW 9,436,076 to the above D at the above workplace within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

The dismissal of the prosecution is a crime of non-compliance with the reasons for the dismissal, and the written agreement containing the intention of not to punish workers after the closure of the pleading has been submitted.