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(영문) 인천지방법원 2014.06.16 2014고단914

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant as the representative of the company C in the Nam-gu Incheon Metropolitan City, who ordinarily employs five workers and operates mechanical equipment manufacturing work. A.

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

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

Nevertheless, the Defendant did not pay KRW 3,075,00 as wages of KRW 1,95,00 on February 1, 2013, and wages of KRW 1,080,00 on March 3, 2013, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date, at this place of business from June 16, 201 to March 12, 2013.

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

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

Nevertheless, the Defendant did not pay the D retirement allowance of KRW 4,831,688, working from June 16, 201 to March 12, 2013 at the same place of business within 14 days from the date of occurrence of the cause for payment without an agreement between the parties on the extension of the due date.

However, the facts charged in this case are crimes 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, Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be punished against the victim’s express intent.

However, according to the agreement submitted by the defendant to this court on June 16, 2014, the victim D received the aforementioned unpaid wages, etc. from the defendant and revoked all the defendant's expression of intent to punish the defendant.

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