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(영문) 대전지방법원 2017.01.13 2016고정1271

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Seongbuk-gu Seoul Metropolitan Government (ju)C, is an employer who runs restaurant business using six full-time workers.

(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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the location of the Daejeon PYD E (ju), worked from May 22, 2009 to September 30, 2015 at the location of the World Trade Organization D, and on the following day, did not pay KRW 803,740,740,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,00.

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

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

Nevertheless, the Defendant, at the location of the World E E E in Daejeon-gu, worked from May 22, 2009 to September 30, 2015, was not paid KRW 9,085,830 of the F's retirement pay from the next day within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. The facts charged as above are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and the charges are not prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

According to the records, the person who suffered damage after the prosecution of this case.