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(영문) 광주지방법원 순천지원 2020.04.14 2019고단2093
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the chief executive director C (ju) located in Gwangjin-si, Jeonyang-si, Jeonyang-si, is an employer who runs a manufacturing business by employing 23 full time 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.

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

Nevertheless, the Defendant had worked from August 30, 2004 to February 28, 2019 at the above workplace, and had not paid the total of KRW 19,26,700, including KRW 3,733,340 in October 2018, as well as KRW 19,26,70 in total, within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

(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

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

Nevertheless, the Defendant worked in the above workplace from August 30, 2004 to February 28, 2019, and did not pay KRW 36,220,770 of retirement allowances of retired workers D within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. In the case of this case, a public prosecution may not be instituted against the explicit will of the worker.

However, the employee D withdraws his wish to punish the defendant after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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