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(영문) 서울중앙지방법원 2019.06.25 2019고정1101

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of Jongno-gu Seoul Metropolitan Government C in Jongno-gu, is an employer who runs restaurant business (generally limited-type) with three full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after such cause occurs.

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

Nevertheless, the Defendant, at the same place of business, worked as an agent during the period from March 10, 2008 to September 3, 2018, did not pay the total of KRW 17,100,000, as shown in the attached crime list, such as wages of KRW 800,000, which was retired on January 1, 2016, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date.

(b) An employer shall pay a retirement allowance within 14 days after the relevant causes have occurred, if the worker retires;

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

Nevertheless, the Defendant, at the above workplace from March 10, 2008 to September 3, 2018, did not pay KRW 12,929,749 of D retirement pay 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 facts charged in the instant case are those falling under Article 109(1) and Article 36 of the Labor Standards Act or Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against each 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 statement in the letter of withdrawal of complaint filed in the records of this case, D on June 4, 2019, which was the victim after the prosecution of this case, against the defendant in this court.