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(영문) 대구지방법원 2014.11.19 2014고정1418
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of this case is the representative director of C, a stock company located in Gyeongbuk-gun B, who employs 16 full-time workers and operates the manufacturing business. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 works in the above workplace.

On October 16, 2013, retired workers D's wages of 1,717,650 won in June 2010, wage of 1,645,610 won in July 2012, and wage of 1,693,850 won in October 2012, and wage of 1,785,460 won in November 2012, and wage of 1,683,910 won in December 2012, and wage of 1,826,690 won in May 2013, and bonus of 1,826,690 won in May 2013, and annual settlement refund of 193,619,90 won in total without any extended agreement within 14 days from the date of retirement.

(b) 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works in the above workplace.

On October 16, 2013, a retired employee D's retirement allowance of KRW 9,508,610 was not paid 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 extension of the due date.

2. Article 327 subparagraph 6 of the Criminal Procedure Act, such as the crime of failing to make a judgment, the crime of failing to punish the victim;

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