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(영문) 인천지방법원 2018.07.13 2018고단3518
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who is a representative director D in the Nam-gu Incheon Metropolitan City, a full-time employee and conducts advertising agency business with nine full-time employees.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 worked from January 1, 2014 to January 31, 2018 at the above workplace and retired E's wages of KRW 1,100,180 on November 1, 2017 as well as KRW 35,084,880 on the total amount of wages of nine retired workers, as described in the crime list, did not reach an agreement on the extension of the payment date between the parties, within 14 days after the cause for the payment occurred.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 44,656,330 of retirement allowances of 9 retired workers within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, as stated in the crime list, including KRW 8,155,756, which was employed from January 1, 2014 to January 31, 2018 and retired from the said workplace, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause.

2. Crimes of non-prosecution for judgment: A judgment dismissing a public prosecution that dismissed on June 15, 2018, which was submitted to this court on July 13, 2018, and on July 13, 2018, by a written application for a punishment that the workers under the proviso to Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act do not want to be punished by the defendant: Article 327 subparag. 6 of the Criminal Procedure Act.

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