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(영문) 수원지방법원 2019.10.31 2019고단4820
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of C in Gyeonggi-si, who runs restaurant business using one full-time worker, who is a representative of C in Gyeonggi-si.

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

Nevertheless, the Defendant had worked in the said workplace from November 16, 2015 to July 31, 2017, and had retired from the said workplace on December 88, 2015, including D’s wage of KRW 40,888,588,589 and retirement allowances and KRW 3,344,850 in total, as indicated in the list of crimes in the attached Table, did not pay within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties.

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. After the prosecution of this case, the victim withdraws the complaint and expressed his intention not to have the punishment.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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