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(영문) 인천지방법원 2015.04.24 2015고단1215
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of the C Fisheries Cooperatives (A. 408) under the building A, Nam-gu, Incheon, Incheon, and an employer operating fisheries by using four regular 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace, worked from January 16, 2012 to August 31, 2013 and retired from the workplace, did not pay 17,256,701 won in total for two retired workers as well as 7,256,701 won in the attached crime chart, such as the attached crime chart, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

(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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from January 16, 2012 to August 31, 2013 at the above workplace and did not pay KRW 2,243,29 of D retirement pay within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each of the facts stated in the withdrawal of each authentic document bound in the trial records, D and E may recognize the fact that they have withdrawn their wish to prosecute the Defendant after the instant indictment was instituted.

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