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(영문) 서울서부지방법원 2018.05.10 2018고단214
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant, as the representative of the C Co., Ltd. located in Yongsan-gu Seoul Metropolitan Government and the first floor, who runs letter-type restaurant business using less than five full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 13,321,508 won in total amount of wages of three retired workers within 14 days from each retirement day on which the cause for the occurrence of the cause for the occurrence of the payment occurred, as shown in the attached Table, such as the wages of KRW 1,764,420 on February 2, 2017 of the retired workers D, which had been employed from the said workplace from November 30, 2015 to May 10, 2017.

(b) An employer shall pay a retirement allowance within 14 days after the cause for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay the total amount of KRW 8,404,188, including KRW 4,627,124 of retirement allowances of retired workers D, who were employed from the said workplace from November 30, 2015 to May 10, 2017, within 14 days from each of the retirement days during which the cause for the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the payment between the parties, without any agreement on the extension of the payment period between the parties.

2. The fact that there was a violation of the Labor Standards Act due to the payment of wages and the violation of the Act on the Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances is not prosecuted against the victim’s express intent (Article 109(2) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits), and a document stating the employee’s intention not to punish in this court around August 2017.

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