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(영문) 의정부지방법원 2016.11.17 2016고단1482
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a manager of the C office located in Gyeonggi-ri City B, who runs the clothing manufacturing business using ten full-time workers.

1. When a worker retires or dies, the employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred, unless the employer has agreed on the extension of the due date;

Nevertheless, the Defendant, at the above workplace, worked from March 10, 2012 to October 25, 2013, and did not pay 21,971,640 won of the total wages of 7 workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date, as shown in the list of crimes (1) as shown in the attached Table, including that the Defendant paid the total amount of wages of 4,49,999 won in July 10, 2013 to October 25, 2013.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days from the date of such retirement, unless otherwise agreed by the parties concerned on the extension of

Nevertheless, the defendant is working from March 10, 2012 to October 25, 2013 in the above business operator.

In addition to the unpaid retirement allowance of 2,400,000 won, the retirement allowance of 53,272,000 won was not paid within 14 days from the date of each retirement, even though there was no agreement on the extension of the due date between the parties, as shown in the separate list of crimes (2).

2. The above facts charged are the crimes 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 the records, 7 workers D et al. shall be punished against the defendant after the prosecution of this case is instituted.

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