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(영문) 서울동부지방법원 2019.08.28 2019고정653
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative of the building D Co., Ltd. located in Songpa-gu Seoul Metropolitan Government building C, who runs the manufacturing (energy storage) business using 16 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 had worked from October 16, 2017 to October 31, 2018 at the above workplace and did not pay 8,875,000 won in total, including the wages of 1,375,000 won in August 2018, the wages of 3,750,000 won in September 2018, and the wages of 3,750,000 won in October 2018, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay retirement allowances of the above E within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. Determination

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

B. Members who were not subject to punishment: After the instant indictment, the employee E expressed his intention that he does not want the Defendant’s punishment.

(W) The withdrawal of the complaint from August 19, 2019.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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