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(영문) 서울중앙지방법원 2014.10.23 2014고정2555

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the C representative director of Seocho-gu Seoul Metropolitan Government, is a user who employs three full-time workers and operates real estate development business, etc.

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.

The Defendant is working from May 25, 2012 to August 31, 2013 at the foregoing workplace.

A retired D’s wage and year-end settlement refund shall be 8,548,730 won, and shall work from July 27, 2009 to April 1, 2013.

The retired E's wage and year-end settlement refund 2,378,425 won was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

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

The Defendant is working from May 25, 2012 to August 31, 2013 at the foregoing workplace.

A retired D's retirement pay of KRW 2,171,596, or from July 27, 2009 to April 1, 2013.

Retirement pay 7,360,630 won of retirement pay of retired E was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, according to the written agreement dated October 21, 2014, which was bound to the trial records, it is recognized that the victim D and E submitted to this court a written agreement to the effect that they will not be subject to criminal punishment against the defendant on October 21, 2014, which was subsequent to the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.