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(영문) 수원지방법원 성남지원 2019.02.15 2018고정1228
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a user who uses five full-time workers as the representative in Sungnam-gu, Sungnam-si B, who conducts a photograph of human body and photograph of images for events.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 3,242,472, within 14 days from retirement without an agreement on the extension of the due date between the parties, to D who worked from October 1, 2013 to April 7, 2018, including the sum of KRW 764,592, the unused Allowances for the year 2014, the annual paid leave for the year 2016, and KRW 495,576, the annual paid leave for the year 2017, and KRW 1,982,30, the annual paid leave for the year 2017.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the suspect did not pay KRW 14,008,606 to D who worked from October 1, 2013 to April 7, 2018 within 14 days from retirement without an agreement on the extension of the due date between the parties.

Judgment

According to the records, it is recognized that workers D expressed his/her intention not to prosecute the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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