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(영문) 대전지방법원 천안지원 2017.01.06 2016고정492
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a representative E Co., Ltd. (hereinafter referred to as Da, 318) who is a full-time employee and is engaged in the business of providing technology development services using eight full-time workers.

1. Where an employee has left his/her office or retired, the employer shall pay wages, compensations, and all 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 10,500,000 won as wages of May 20, 2013, 2013, wages of FF retired from the said workplace from March 20, 2012 to July 30, 2013, wages of 3,50,000 won on June 6, 2013, wages of 3,500,500 won on July 20, 2013, and wages of 3,500,000 won between the parties without agreement on the extension of the payment period between the parties.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the F's retirement allowance of KRW 4,671,530, which was retired for the period specified in paragraph 1, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Determination

(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. Withdrawal of expression of intent to punish the victim after the indictment of this case

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

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