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(영문) 서울남부지방법원 2014.03.27 2014고단317
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Gangseo-gu Seoul Metropolitan Government building C(C) No. 206, is an employer who employs 14 full-time workers and engages in information and communications business.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the foregoing workplace from April 8, 2008 to September 1, 2012 and retired workers D, did not pay 5,30,960 won for January 2012, and 6,56,120 won for February 20, 200, 2,653,630 won for March wage, 5,307, 275,080 won for May wage, 5,275,275,080 won for June wage, 5,275,080 won for July wage, 275,08, 5,05,080 won for August wage, and other money and goods, such as 93,058,680 won for August wage, 41,704, 93,704,939 won for the payment date, and 939 won for the payment date without agreement between the parties concerned.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, while working in the above workplace from April 8, 2008 to September 1, 2012, did not pay KRW 25,951,909 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The judgment is a crime of non-compliance. According to the written agreement bound in the records and the written withdrawal of a complaint, the victim D has withdrawn his/her wish to punish the defendant on March 26, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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