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(영문) 서울동부지방법원 2015.03.06 2015고정129

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant in the facts charged of this case is the representative director of Seongdong-gu Seoul Metropolitan Government Co., Ltd., which is a building B 804, who employs seven full-time workers and distributes and manufactures digital content.

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 had worked from August 23, 2010 at the foregoing workplace and had retired on May 16, 2014, paid the wages of 1,40,245 won in November 2013, 2013, the wages of 2,030,000 won in December 2013, 2013, the wages of 2,537,500 won in February 2, 2014, the wages of 2,537,500 won in March 2, 2014, the wages of 2,537,50 won in April 2, 2014, the wages of 2,537,50 won in April 2, 2014, and the wages of 1,76,249 won in May 1, 2014, income tax 12,650 won in total,641,6444 won in December 14, 2014.

(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 above employee D's retirement pay of KRW 9,92,778 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 the instant case 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 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According to the records of this case, on March 6, 2015, which was after the prosecution of this case, the victim D had withdrawn his wish to punish the defendant. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.