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(영문) 서울북부지방법원 2019.04.26 2019고정151
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Seoul Jung-gu Seoul Central Bank of Bank D in the Seoul Central District, who operates a trade business with three regular workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, who was employed in the foregoing workplace from December 8, 2010 to May 31, 2018 and retired from office, did not pay the total of wages of 1,239,840 won in November 2017, wage of 2,019,500 won in December 2017, wage of 2,019,500 won in January 2, 2018, wage of 2,019,500 won in February 2018, wage of 2,162,820 won in March 20, 2018, wage of 2,019,50 won in April 2, 2018, wage of 2,019, wage of 2,019,50 won in May 2, 2018, and wage of 13,500 won in December 160, 2014 without agreement between the parties.

(b) 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 after the cause for such payment occurred; and

Nevertheless, the Defendant, while working from December 8, 2010 to May 31, 2018, did not pay KRW 13,786,742 of E’s retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. Submission of a written application to punish workers E who want to punish the defendant after the prosecution of this case

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

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