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(영문) 수원지방법원 2015.02.04 2014고단5640
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the public room is a user who uses nine regular workers and conducts equipment manufacturing business, etc. as the representative director of the (State)C in Suwon-si, Suwon-si, 401.

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 16,133,30, and the total amount of KRW 48,133,310, as shown in the list of crimes in the attached Table, to the above workplace from June 10, 2010 to March 31, 2014, in total, 48,13,310, as well as KRW 16,133,330, as shown in the list of crimes in the attached Table, within 14 days from the date on

(b) When a worker retires, the employer shall 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 extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business from June 10, 2010 to March 31, 2014, served as retirement allowance of KRW 17,530,411 and did not pay KRW 41,248,863, respectively, within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, as well as KRW 17,530,41 of retired retirement allowances.

However, this part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be punished against each victim’s express intent under Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the above workers’ intention not to punish the Defendant after the prosecution of this case is recorded.

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