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(영문) 대전지방법원 2015.03.27 2015고단499
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the representative of the D Co., Ltd. in the Dae-gu Seoul Metropolitan City, operates the automobile maintenance business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 did not pay KRW 2,357,30 of the E’s total wages in November 12, 2011 to November 17, 2014, and KRW 3,350,000 of the F who worked from October 21, 2013 to November 30, 2014; and KRW 8,747,300 of G who worked from February 1, 2012 to November 30, 2014 without an agreement on the extension of the payment deadline between the parties concerned, within 14 days from the date of the occurrence of the cause for payment, respectively.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 24,630,520, including KRW 12,292,274, F’s retirement pay, KRW 3,726,301, and KRW 8,611,945, and G’s retirement pay, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. The facts charged of the instant case cannot be prosecuted against the victim’s will.

However, since the victims expressed their intention not to punish the defendant after the prosecution, all of the prosecutions of this case are dismissed.

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