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(영문) 의정부지방법원 2013.05.09 2013고정1019

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of C Co., Ltd. in Namyang-si, who runs household manufacturing and wholesale and retail business using 11 full-time workers.

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.

Nevertheless, the defendant works from May 30, 201 to November 11, 2012 at the above workplace.

833,00 won bonus for retired workers D was not paid within 14 days from the date of retirement without any 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

Nevertheless, the defendant works from May 30, 201 to November 11, 2012 at the above workplace.

3,33,130 won of retirement allowance for retired workers D was not paid within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties, in the absence of special circumstances.

2. Of the facts charged in the instant case, the non-payment of bonuses is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and pursuant to Article 109(2) of the same Act, the non-payment of bonuses is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act and cannot be prosecuted against the victim's express intent pursuant to the proviso to Article 44 of the same Act. According to the written agreement bound in the trial records, it can be acknowledged that the employee D expressed his/her intention not to be punished against the defendant on April 26, 2013, after the institution of the instant prosecution. Accordingly, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act and it is so decided as per Disposition.