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(영문) 수원지방법원 2019.01.18 2018고정1983
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

As the representative of Co., Ltd. C in the period of harmony B, the Defendant is an employer who runs the manufacturing business by employing 25 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 did not pay the sum of the wages of KRW 3,692,310 in December 2017 to D who worked in the said workplace from November 17, 2014 to December 31, 2017, and KRW 6,613,926 in December 2017, within 14 days from the date of retirement without any agreement on extension between the parties to the payment date.

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

Nevertheless, the Defendant did not pay the retirement allowance of KRW 11,291,343 to D who worked from November 17, 2014 to December 31, 2017 at the same place of business within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Judgment

and Conclusion

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of this case, the employee expressed his wish not to punish the defendant.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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