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(영문) 광주지방법원 해남지원 2015.06.04 2015고단100
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who runs a health business with two full-time workers as the representative of the D Council members located in Jeondo-gun, Jeondo-gun.

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred: Provided, That where any special circumstance exists, the defendant, even though he/she may extend the due date by mutual agreement between the parties concerned, failed to pay the wages of 2,483,870 won in December 16, 2014 of E, who worked between June 16, 2013 through December 20, 2014, within 14 days from the date of his/her retirement, without any agreement between the parties concerned on

B. Where an employee retires, the employer paid retirement allowances within 14 days from the date on which the ground for such payment occurred, but the Defendant did not pay KRW 5,768,914 from June 16, 2013 to December 20, 2014 from the said workplace, and did not pay KRW 5,768,914 from the date of retirement.

2. Determination

A. The facts charged

The violation of the Labor Standards Act, which falls under Articles 109(1) and 36 of the Labor Standards Act, is an offense falling under Articles 109(1) and 36 of the Labor Standards Act,

The violation of the Guarantee of Workers' Retirement Benefits Act, which falls under the provisions of subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, shall not be prosecuted against the express will of each victim under Article 44 of the same Act.

B. However, since the victim expressed his wish not to punish the defendant before and after the prosecution, the prosecution of this case is dismissed in accordance with Article 327 subparag. 2 and subparag. 6 of the Criminal Procedure Act.

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