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(영문) 광주지방법원 해남지원 2015.05.26 2015고정47
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative in Jindo-gun, is an employer who runs a fishery business with one full-time employee, who is a full-time employee in Jindo-gun B.

An employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, if a worker retires, unless there is an agreement to extend the payment date, but did not pay 13,500,000 won of the remaining wages of D who worked from June 18, 201 to September 30, 2013, within 14 days from the date of retirement without an agreement to extend the payment date.

B. The employer did not pay KRW 5,201,520 of D retirement pay up to September 30, 2013, even though the employee had to pay the retirement pay within 14 days from the date on which the cause for such payment occurred when the employee retires.

2. Determination

A. The facts charged

A violation of the Labor Standards Act that falls under Article 109 (1) or 36 of the Labor Standards Act shall not be prosecuted against the will expressed by the victim pursuant to paragraph (2) of the same Article.

B. Facts charged

A violation of the Guarantee of Workers' Retirement Benefits Act, which falls under Article 44 or 9 of the Guarantee of Workers' Retirement Benefits Act, shall not be prosecuted against the express will of the victim under Article 44 of the same Act.

C. However, since the victim expressed his/her wish not to punish the defendant after the prosecution, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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