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(영문) 서울서부지방법원 2018.08.29 2018고단2376
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative in Yongsan-gu Seoul Metropolitan Government, is an employer who ordinarily employs five workers and engages in food service.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 November 1, 2014 to December 31, 2017 and did not pay 20,797,270 won in total, including 6,563,680 won of D's retirement pay from December 4, 2014 to December 31, 2017, and E's retirement pay 7,882,720 won, 2014, 2014, and 6,350,870 won of F's retirement pay from October 31, 2017 to December 31, 2017, within 14 days from the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment date.

2. On March 8, 2018, the charge of violating the Labor Standards Act and the Labor Standards Act due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits), and on March 8, 2018, a written withdrawal of a complaint stating the worker’s intent not to punish the defendant, submitted to this court. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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