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(영문) 광주지방법원 해남지원 2016.11.03 2016고정69
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of the D Council members located in the Nam-gun, Namnam-gun, who ordinarily employs six workers and operates the hospital.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of retirement unless the parties concerned have agreed to extend the payment period.

Nevertheless, the Defendant worked as an assistant nurse from April 24, 2007 to March 31, 2015, and retired from office E’s wages of March 723, 2015, overtime allowances of April 2012, including KRW 459,905, as described in the attached Table of Offenses, did not pay the total of KRW 17,118,675, and KRW 51,101,000 from April 24, 2012 to February 2015, including KRW 51,101,00, KRW 51,101, and KRW 36,000 from May 24, 2012 to February 31, 2015, including KRW 1,481,925, and KRW 36,000,000 per annum 235,000 to March 21, 2013, including the annual paid leave allowances from 2035.

(b) If the employee retires, the employer shall pay the retirement allowance within 14 days from the date of the retirement unless the parties have agreed on the extension of the due date.

Nevertheless, the Defendant worked as an assistant nurse from April 24, 2007 to March 31, 2015, and did not pay KRW 20,511,230 of retirement pay of retired E to the lapse of 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

2. The above facts charged are crimes falling under Articles 109(1), 36 and 43 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the records are examined.

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