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(영문) 서울북부지방법원 2019.02.14 2016고단558
근로기준법위반등
Text

All prosecutions against the defendant are dismissed.

Reasons

1. The Defendant in the facts charged is an actual operator of C Co., Ltd. in Dongdaemun-gu Seoul Metropolitan Government, who ordinarily employs two workers and operates software development business.

1. 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;

Nevertheless, the Defendant is working from May 7, 2014 to July 31, 2014 at the same workplace.

D's wages of KRW 3,33,33 of June 2014 and KRW 29,966,666 of the total wages of two workers, as set forth in No. 1 and No. 2 of the Separate Crimes List No. 1, 2014, did not pay each of them within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension

2. When a worker retires, the employer shall pay the wages and retirement allowances within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working in the above company from December 9, 2013 to June 30, 2015.

E’s wage of KRW 23,97,284, retirement allowance of KRW 4,881,250, and KRW 57,959,874, total amount of retirement allowance of KRW 10,972,470, including KRW 23,977,284, and KRW 3,881,250, respectively, were not paid within 14 days from each retirement date on which the cause of the occurrence occurred, without any agreement between the parties on extension of the due date.

2. The offense provided for in Articles 109(1) and 36 of the Labor Standards Act shall not be prosecuted against the will expressed by the victim under Article 109(2) of the Labor Standards Act, and the offense provided for in Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act shall not be prosecuted against the will expressed by the victim under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, according to the records, each of the above workers' applications for punishment under the name of the above workers stating the purport that the prosecution of this case is not wanting to be punished after the institution of the prosecution of this case.

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