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(영문) 인천지방법원 2015.01.08 2014고단8065
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the E company in Ansan-si D, who runs the livestock industry using nine regular workers.

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.

Nevertheless, the defendant is working from March 25, 2007 to July 13, 2012 at the above workplace.

As stated in the attached list of crimes, the number of unused annual allowances for two retired workers, including the amount of annual allowances of 782,570 won for unused workers F in 2009, did not pay 4,936,250 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(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 defendant is working from March 25, 2007 to July 13, 2012 at the above workplace.

The retirement allowance of retired workers F, including 11,934,750 won, was not paid 24,860,760 won in total for two retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment date, as stated in the list of crimes in the attached list of crimes.

2. On the other hand, each of the facts charged in this case is an offense 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, which cannot be prosecuted differently from 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of withdrawal of the petition filed in the trial records, the above victims can recognize the fact that they have withdrawn their wish to punish the defendant after the institution of the prosecution in this case. Thus, Article 327 subparag. 6 of the Criminal Procedure Act is applicable.

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