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(영문) 수원지방법원 2015.01.16 2014고정3343

근로기준법위반등

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Each public prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of the Dispute Resolution Co., Ltd., in Osan-si, is an employer who operates a distribution business using 31 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 is working from June 18, 2012 to February 28, 2014 at the above workplace.

A retired worker D shall work for the total amount of 1,583,30 won on February 2, 2014, and from December 1, 2011 to February 28, 2014.

On February 2, 2014, the number of wages of 3,966,660 won, including wages of 2,383,30 won, which was paid by retired workers E, was not paid within 14 days from the date on which the grounds for the payment occurred, without any agreement between the parties to the extension of the due date.

(b) When a worker 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 is working as the above paragraph (a) at the above workplace.

A retirement allowance of 2,693,829 won for retired D and retirement allowance of 5,360,849 won for workers E did not pay 8,054,688 won within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.

2. The facts charged above are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, since workers mentioned in the facts charged have withdrawn their wish to punish the defendant after the prosecution of this case, each of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.