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(영문) 대구지방법원 김천지원 2013.12.06 2013고정565
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a de facto representative of Section C (State) located in the Gu and is an employer who runs a meal service entrustment business with 50 full-time workers.

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 may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working in the above workplace from March 17, 201.

The sum of money and valuables 6,839,667 won, including the annual leave allowances of D's retired on January 1, 2013, including 348,320 won, and 6,839,667 won, as shown in the attached Form for five retired workers, were not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) An employer shall, if a worker retires, pay the retirement allowance 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 in the above workplace from March 17, 201.

On January 1, 2013, a retirement allowance of KRW 13,502,928 was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as well as KRW 2,171,397, which was retired as well as KRW 13,502,928 for five retired workers.

2. On the other hand, each of the above facts charged constitute a crime of non-prosecution. Since the above workers expressed their intent not to be punished against the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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