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(영문) 대구지방법원 2016.06.24 2016고정1087
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of the Daegu Northern-gu Seoul Special Metropolitan City, who is in charge of a manufacturing business with 12 full-time employees.

1. 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 1,979,102 as of November 31, 2015, including KRW 157,462 as of November 2015, and KRW 1,979,102 as of December 2015, as of December 31, 2015, without agreement between the parties on the extension of payment date.

2. An employer shall, if a worker retires, pay him/her at present within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the retirement allowance of KRW 9,454,410, which was retired on December 31, 2015, to 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. Grounds for dismissing public prosecution;

(a) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Submission of a written withdrawal of complaint by D after the prosecution of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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