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(영문) 의정부지방법원 2015.10.05 2015고정1718
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The defendant is the representative director of the (State)C located in Namyang-si, Namyang-si, who runs the furniture manufacturing business by employing 16 full time workers.

1. 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, at the above workplace, has been working as a satus satus processing worker from February 1, 2012 to May 22, 2014.

D's wage of 1,080,510 won in November 2013 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 for payment.

2. When an employer retires a worker, he/she shall pay a retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 4,098,140 of D retirement pay from February 1, 2012 to May 22, 2014 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment.

Each of the facts charged above is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Article 44 subparag. 1 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, according to the records, it can be recognized that the victim worker D expressed his/her intent not to be punished for the defendant after filing the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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