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(영문) 인천지방법원 2015.01.27 2014고단8636
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant in the facts charged is a (ju) C representative director with headquarters in Gangnam-gu Seoul Metropolitan Government, who runs the facility management business in seven E, etc. located in Nam-gu Incheon Metropolitan City, by using 198 full-time workers. A.

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 works from March 19, 2007 to December 31, 2013.

The retirement allowance of retired FF, including 7,646,650 won, did not pay 34,823,90 won for retirement allowances of 12 retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the separate list of crimes.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 works from March 19, 2007 to December 31, 2013.

In addition to the annual paid leave allowance of the retired F in 2012 268,357 won, the retirement worker did not pay KRW 3,293,719, including the annual paid leave allowance of 268,357 won.

2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to the evidence submitted, the victims have withdrawn their wish to punish the defendant after the prosecution of this case was instituted.

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