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(영문) 인천지방법원 부천지원 2019.08.22 2019고정245
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the Co., Ltd. C in Kimpo-si, is a full-time employee who is operating a direction-based manufacturing business with 18 full-time employees.

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

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

Nevertheless, the Defendant did not pay KRW 1,094,736 on March 1, 2017 at the same place of business within 14 days from the date when the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned, in March 1, 2017 to March 16, 2018.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the retirement allowance of KRW 3,025,796 from March 1, 2017 to March 16, 2018 at the above workplace without agreement on the extension of the payment due date between the parties concerned.

2. Provisions of applicable provisions to the facts charged: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the Labor Standards Act, Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 232 of the Criminal Procedure Act explicitly expressed to the court the intention that the employee D would withdraw his/her intention not to punish. However, under Article 232 of the Act, a complaint may be revoked before the judgment of the first instance is rendered, but once the complaint is revoked, the complainant shall not file

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