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(영문) 서울서부지방법원 2018.11.12 2018고정976
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the headquarters C in Yongsan-gu Seoul Metropolitan Government, is an employer who runs a wholesale and retail business for newspapers with one full-time worker employed.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 750,000 from the date of retirement within 14 days from the date of his/her retirement without an agreement between the parties on the extension of the payment deadline between the parties, who retired workers D, working from the said workplace from February 14, 2018, as from October 20, 2014 to February 14, 2018.

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

Nevertheless, the Defendant did not pay KRW 4,934,812 of the retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, as the said workplace worked from October 20, 2014 to February 14, 2018.

2. Article 109(1) and Article 36 of the Labor Standards Act (in the case of unpaid wages), Article 44 subparag. 1 and Article 9 of the Act on Guarantee of Workers’ Retirement Benefits (in the case of unpaid wages): A judgment dismissing public prosecution on the ground that a non-application for punishment is filed after a public prosecution under the proviso to Article 44 of the Act on Guarantee of Workers’ Retirement Benefits is instituted: Article 109(2) of the Labor Standards Act, Article 327 subparag. 6 of the Criminal Procedure Act;

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