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(영문) 서울서부지방법원 2018.10.25 2018고정789
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Mapo-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., is a user who conducts electronic commerce transactions by using three full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 2,051,40,00 from the date of retirement within 14 days from the date of retirement, even though he/she had worked in the said workplace from December 1, 201 to July 31, 2017, for the year 2017.

(b) An employer shall, when a worker retires, pay a retirement allowance within 14 days from the date on which grounds for payment occur, unless the payment deadline is extended by agreement between the parties concerned;

Nevertheless, the Defendant did not pay KRW 7,400,464 of retirement pay to E, who worked in the said workplace from September 1, 2015 to December 31, 2017, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline between the parties.

2. Judgment dismissing public prosecution;

(a) A crime of non-violation of intention: Articles 109(1), 36, and 109(2) (a) of the Labor Standards Act; Article 44 Subparag. 1, and the proviso to Article 9, and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (a point of the settlement of non-performance of the amount of retirement);

B. Submission of a written agreement to the effect that the above workers do not wish to punish the Defendant on October 11, 2018, which was after the prosecution of this case.

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

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