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(영문) 수원지방법원 여주지원 2014.12.15 2014고단844
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the C company located in Echeon-si B of Gyeonggi-do, who runs the automobile maintenance business using five full-time workers.

1. An employer in violation of the Labor Standards Act shall, in cases where a worker dies or retires, pay wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the Defendant did not pay KRW 9,283,290, the monthly wage of KRW 1,907,00 for October 2013, and KRW 2,407,00 for the three-month period from November 2, 2013 to January 23, 2014, in total, KRW 9,283,290 for February 15, 2014, without any agreement on extension of the payment deadline between the parties to the payment deadline, within 14 days from the date on which the cause for payment occurred.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days from the date when the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the defendant did not pay 8,857,444 won of retirement allowances of the above D within 14 days from the date of retirement in which the grounds for payment occurred, without agreement between the parties to the extension of the payment date.

2. The violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act are crimes which cannot be prosecuted against the express will of the victim (Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act). Since the victim expressed his/her intention not to prosecute the defendant on November 5, 2014, the prosecution against the defendant after the prosecution of this case, the defendant is dismissed.

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