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(영문) 수원지방법원 평택지원 2018.07.20 2017고정738
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the C Co., Ltd. in Pyeongtaek-si B, who runs the manufacturing industry using 45 full-time workers.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay three workers, total wages of KRW 7,60,570, as stated in the attached crime list, including KRW 2,778,970, which were worked and retired from the place of business from August 10, 2015 to July 31, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant did not pay KRW 7,988,40,40, E’s retirement pay of KRW 9,442,490, and F’s retirement pay of KRW 3,429,621 within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

2. Determination

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

B. On July 12, 2018, the injured workers after the indictment of this case, expressed their intention not to be punished against the Defendant.

Dismissal of public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparagraph 6 of the Criminal Procedure Act or more.

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