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(영문) 수원지방법원 2018.11.06 2018고단5424
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant, as the C representative in Heung-gu B, is an employer who runs the wholesale and retail business of automobile parts by ordinarily employing three workers.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay him/her wages, compensations, or other money or valuables within 14 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 total amount of KRW 3,404,449 within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Form, including KRW 109,890, which had worked in the above workplace from April 25, 2014 to October 26, 2017, as well as KRW 109,890 in November 2014.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

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

Nevertheless, the Defendant did not pay KRW 275,352,00 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, which had worked from April 25, 2014 to October 26, 2017 at the same place of business.

2. Judgment dismissing public prosecution

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

(b) Declaration of non-existence of punishment after prosecution: Withdrawal of his/her petition on September 4, 2018;

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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