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(영문) 의정부지방법원 고양지원 2019.06.12 2019고단717
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who employs workers as the representative of C in the case of strike and operates a printing business, etc.

When a worker dies or retires, an employer shall pay all money or valuables, such as wages, retirement allowances, etc., within 14 days after the cause for such payment occurred.

Nevertheless, from September 1, 2006 to July 14, 2018, the Defendant did not pay D’s wages of KRW 3,630,000, annual unused allowance of KRW 1,622,880, and retirement allowance of KRW 23,004,186 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the labor contract regarding the extension of the due date.

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and the latter part of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. The victim was not subject to punishment after the prosecution of this case

(c) Public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act).

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