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(영문) 인천지방법원 부천지원 2018.04.20 2018고단591
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a manager of C in the facts charged, is an employer who runs the business of manufacturing lighting equipment using one full-time worker as a user of C in Kimpo-si.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Defendant D’s working at the above workplace from January 1, 2016 to September 1, 2017 and retired from the said workplace 80,000 won on July 7, 2017;

9. The parties did not pay the total of KRW 2,700,000 in 1,90,000 within 14 days from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Defendant 1 worked from January 1, 2016 to September 1, 2017 at the same place of business and did not pay KRW 3,101,221 of retirement allowances of D who retired from the said place of business within 14 days from the date on which the grounds for payment occurred without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Crimes of non-violation of Intention: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Act on Guarantee of Workers' Retirement Benefits. (b) A person who works after filing a prosecution shall express his/her intention not to punish him/her;

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

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