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(영문) 인천지방법원 부천지원 2021.01.14 2019고단2324
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the C representative director of the company in Gyeonggi Kimpo-si, is an employer who runs a manufacturing business using 15 full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Defendant 1 worked from September 1, 2014 to April 30, 2019 at the same place of business and did not pay 120,063,078 won in total, including D’s wage of 3,023,980 won on February 1, 2019 and retired from the said place of business, within 14 days from the date on which the cause for payment occurred without an 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;

The defendant employed from September 1, 2014 to April 30, 2019 at the above workplace and did not pay 232,849,983 won in total for 20 retired workers including 15,769,352 won in retirement allowances of D retirement allowances from September 1, 2014 to April 30, 201, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period.

2. The above facts charged cannot be prosecuted against the explicit will of the victimized worker. According to the records, since all workers have withdrawn their wish to punish the accused after the indictment, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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