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(영문) 서울동부지방법원 2018.05.09 2017고단2706

근로기준법위반등

Text

The prosecution is dismissed.

Reasons

The defendant is the representative director B of the Bank of Korea and is a business management officer.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of 9,577,350 won of wages and retirement allowances to 14 workers on the list of annexed crimes within 14 days after retirement without an agreement to extend the payment date.

Judgment

The facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and shall not be prosecuted against the victim’s express will pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

The victims submitted a document that they were not punished for the accused after the prosecution (C 2018.2.28, May 8, 2018, the remainder 13, and the full cash payment was confirmed) (Article 327 subparagraph 6 of the Criminal Procedure Act).