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(영문) 인천지방법원 부천지원 2015.11.19 2015고단2558
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of D Co., Ltd. 101, 1411, Seocheon-gu, Seocheon-si, Seocheon-si, the Defendant is an employer who runs the booming business by using 15 regular workers.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing workplace, from March 17, 2014 to August 14, 2015, and served as a worker E’s retired from office and did not pay the total of KRW 53,083,847, and the total of KRW 28,979,563 within 14 days from the date of retirement, as stated in the details of the money and valuables in arrears in the attached Form, as well as KRW 5,737,516, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. Provisions of applicable provisions to the facts charged: Article 109(1) and Article 36 of the Labor Standards Act, main sentence of Article 44 and Article 9 of the Act on Guarantee of Workers' Retirement Benefits: Article 109(2) of the Labor Standards Act, Article 44 of the Act on Guarantee of Workers' Retirement Benefits, and Article 327 subparag. 6 of the Criminal Procedure Act, which dismiss victims' expression of intention not to be punished after the prosecution is instituted

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