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(영문) 수원지방법원 평택지원 2017.10.18 2017고정397
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the C Co., Ltd. in Pyeongtaek-si B, who runs sanitary and similar services using 20 full-time workers.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, from May 1, 2014 to September 30, 2016, did not pay KRW 7,023,380, such as the wage recorded in the daily list of crimes in the attached Table D, which was employed in the above business site and retired from office, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the defendant did not pay KRW 591,873 of D's retirement pay as stated in the above paragraph 1 within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. Determination

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

B. On July 12, 2017, after the indictment of this case, the injured worker expressed his/her intention not to be punished against the Defendant.

Dismissal of public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparagraph 6 of the Criminal Procedure Act or more.

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