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(영문) 의정부지방법원고양지원 2020.11.26 2020고정748

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is a representative of the management body of commercial buildings in the Goyang-gu B and the first floor in Goyang-gu, the Defendant is an employer who runs real estate management business using 23 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 is performing the duties of the managing director from April 20, 2015 to December 31, 2019 at the above workplace.

The retired worker D's wages of 3,500,000 won in December 2019 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working from April 20, 2015 to December 31, 2019 at the above workplace.

The retirement allowance of 16,681,693 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act may be prosecuted against the victim’s explicit intent.

However, since workers D expressed his/her intention not to be punished against the defendant after the prosecution of this case, all of the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.