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(영문) 서울북부지방법원 2015.11.27 2015고정1689

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of this case is an employer who operates C of clothing manufacturing business using ten regular workers of Dobong-gu Seoul Metropolitan Government No. 401. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 did not pay KRW 4,00,000,000 as the total of D’s wages of February 2, 2015, which were worked from March 4, 2013 to March 23, 2015 at the above workplace, and KRW 2,00,000,000, which was paid in March 2015, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,109,580 of retirement pay during the same period from March 4, 2013 to March 23, 2015 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. The judgment is based on the case that cannot be prosecuted against the victim's explicit intent under Article 109 (2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records of this case, the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.