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(영문) 서울동부지방법원 2020.11.05 2020고정842
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Songpa-gu Seoul Metropolitan Government building C and E(D), is an employer who runs a research and development business with two full-time workers.

1. 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;

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant is working from August 6, 2018 to March 20, 2020 at the above workplace.

6,00,000 of wages of retired workers F, and the total wage of 580,645 won in March 2020, did not pay 6,580,645 won within 14 days from the date of retirement without agreement between the parties to the extension of payment due date.

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

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant is working from August 6, 2018 to March 20, 2020 at the above workplace.

The retirement allowance of retired workers, including 7,878,523 won, did not pay 10,957,826 won in total for two retirement allowances of retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the attached list of crimes.

2. Determination

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

B. On October 7, 2020, after the prosecution of this case, each of the workers' applications for no punishment was submitted.

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

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