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(영문) 전주지방법원 군산지원 2018.05.16 2017고단1567
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who runs a manufacturing business (Plast) by making four full-time workers at the time of following: (1) C, which is located in B, and (2).

(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 employed in the above workplace from April 8, 2016 to March 31, 2017 and did not pay 31,262,050 won in total for 5,192,150 won in total of wages of 5,192,150 won in the attached crime list as well as for 31,262,050 won in total for 5 workers, as described in the attached crime list, within 14 days from each retirement date without any agreement on the extension of payment date between the parties concerned.

(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 employed in the above workplace from April 8, 2016 to May 24, 2017 and did not pay 8,590,000 won in total for three employees, as shown in the list of crimes in the attached Table, as well as 1,60,000 won in retirement allowances for retired workers E, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned.

2. The offense described in the facts charged in the judgment is an offender who cannot be prosecuted against the victim’s explicit intent. Since each employee listed in the list of crimes attached hereto expressed his/her intent that he/she does not want to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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