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(영문) 대구지방법원 포항지원 2016.04.22 2016고정108
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who engages in a manufacturing business with one full-time worker as the representative of the C located in North-gu, North Korea-gu, and one of the following persons:

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 did not pay the total of KRW 21,762,760, including KRW 2,973,680 in January 2015 of the victim D, who retired on July 31, 2015, for 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

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

Nevertheless, the Defendant did not pay KRW 10,412,483 of the Victim D’s Retirement Allowance as described in the above A. A, even 14 days from the date of retirement without the agreement of the parties to the extension of the payment deadline.

2. Article 109: Article 109(1) and Article 36 of the Labor Standards Act - Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits - Article 109(2) of the Labor Standards Act - The decision dismissing public prosecution against the victim’s non-existence of punishment (Submission of a written agreement) after prosecution under the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits (Article 327 subparag. 6 of the Criminal Litigation Act)

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