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(영문) 대전지방법원 2017.04.14 2015고정241
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged [2015 High Court Decision 241] The Defendant, as the representative director of Seo-gu Daejeon (ju) D, is an employer who ordinarily employs 20 workers and operates a service business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 above defendant 2014

8. From January 2 to October 12, 2014, E’s retired from office as the Director of the Management Office, as well as KRW 1,550,00 on August 8, 2014 of E’s retired employee’s total wage of KRW 29,395,558, as shown in the attached Table of Crimes, did not pay 14 days from the date of retirement without an agreement between the parties on the extension of payment date.

[2015 High Court Decision 435] The Defendant is a representative in Seo-gu, Daejeon (State) D, who ordinarily employs six workers and operates a service business.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which 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, from March 1, 2010 to August 31, 2013, did not pay KRW 3,327,694 of F's retirement allowances retired from the said workplace as an guard employee within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. Grounds for dismissing the public prosecution;

(a) Crimes of non-violation of intention (Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Expression of intention not to punish all workers after the prosecution of the instant case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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