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(영문) 대구지방법원 경주지원 2018.05.09 2017고정230
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of D in the racing-si, who employs approximately 11 full-time workers, and operates laundry business.

(a) An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant did not pay KRW 1,037,568 of E's wages, which were employed by the above D's workplace on June 22, 2017, within 14 days from the date of his retirement.

(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;

Nevertheless, the defendant did not pay KRW 7,153,623 of E's retirement allowance of workers who retired from office around June 22, 2017, within 14 days from the date of his retirement.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On May 2, 2018, no penalty for the above worker was imposed after the institution of public prosecution.

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

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