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(영문) 인천지방법원 2015.08.24 2015고단4288
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the C representative director of the company located in Incheon China, runs warehouse business, etc. with 14 regular employees. A.

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.

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

Nevertheless, the Defendant worked as a bonded goods caretaker from March 4, 2013 to February 10, 2015 at the above workplace and did not pay 6,76,520 won in total for nine retired workers within 14 days from each retirement date, as shown in the attached crime list, as well as 2,00,000 won in January 2015, 2015.

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

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

Nevertheless, the Defendant, at the above workplace, worked as a bonded goods caretaker from March 4, 2013 to February 10, 2015, did not pay 15,342,120 won in total, including 3,83,630 won in D retirement pay and retired from office, within 14 days from the date of each retirement without an agreement on extension of the due date between the parties concerned, as shown in the attached crime list.

2. Each of the facts charged 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. Under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, a public prosecution may not be instituted against the victim’s express intent. The intent of not wanting punishment against the Defendant on July 1, 2015, after the instant indictment.

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