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(영문) 전주지방법원 2020.12.01 2020고정483
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Dispute Resolution Co., Ltd. in Kim Jong-si, who has operated a timber manufacturing business with seven regular workers. A.

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.

Nevertheless, the Defendant did not pay KRW 1,400,00 in March 1, 2019 of Workers D who retired from the said workplace as of August 1, 2019, KRW 1,700,00 in April 1, 2019, KRW 1,700,00 in May 1, 2019, KRW 1,700,000 in June 1, 2019, KRW 1,700,00 in July 2, 2019, KRW 2,80,000 in August 6, 2019, KRW 46,66 in September 1, 2019, KRW 1,700 in terms of wage, and KRW 1,700 in terms of wage, and KRW 1,700,00 in terms of wage, and KRW 1,50 in terms of the parties’ payment within 0,000 in terms of the period of August 1, 2019.

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

Nevertheless, the Defendant did not pay KRW 9,845,860 of retirement allowances E of retired workers as of September 6, 2019 within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of each Labor Standards Act, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Article 327 subparagraph 6 attached to a defense counsel’s opinion on November 25, 2020), and agreement with the relevant worker;

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