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(영문) 인천지방법원 2015.04.16 2015고정541
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. C in Nam-gu Incheon Metropolitan City B, is an employer who runs a manufacturing business using 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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, at the above workplace, worked from July 19, 2001 to September 30, 201, and paid KRW 1,408,90 on March 201 of 201, and did not pay KRW 30,793,960 in total, including the wages, etc. indicated in the attached crime list, within 14 days from the date when the cause for the payment occurred without agreement on the extension of the due date between the parties.

(b) When a worker retires, the employer shall 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 said workplace had worked from July 19, 2001 to September 30, 201, and the retirement allowance of KRW 8,454,393 of retired D was not paid within 14 days from the date when the cause for the payment occurred without agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Submission of a written agreement to the effect that on April 10, 2015, after the prosecution of this case, workers D does not want to be punished.

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

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