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(영문) 수원지방법원 안산지원 2018.09.11 2018고단2472
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The defendant in the factory room is the representative of the C Co., Ltd. located in Ansan-si, Masan-si, who is an employer who conducts the manufacturing business using 20 full-time workers.

1. When a worker dies or retires, the employer shall liquidate the wages, compensations, and all other money and valuables within 14 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 D's wages of 3,878,630 won in August 2017, 201 at the same place of business within 14 days after the cause for payment occurred without agreement between the parties to the extension of the payment deadline.

2. When a worker dies or retires, the employer shall liquidate the wages, compensations, and all other money and valuables within 14 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 24,793,213 of D retirement pay from October 20, 201 to August 31, 2017 at the same workplace without agreement between the parties to the extension of the payment deadline.

2. Determination

(a) Crimes of non-violation of intention: Articles 109 (2), 109 (1), and 36 of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On July 3, 2018, after the institution of the instant indictment, the said employee’s expression of intention not to punish him/her was submitted.

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

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