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(영문) 전주지방법원 2015.11.05 2015고정12
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who has been engaged in publishing business with 30 full-time workers as an operator of the full-time operation city B and 6th floor located in Jeonju-si. A.

When a worker dies or retires, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working from December 5, 2010 to June 26, 2014 at the above workplace.

From October 2012 to April 2013 of retired D’s KRW 100,00 per month, seven months’ coverage allowances of KRW 700,000, annual paid leave allowances of KRW 637,320, annual paid leave allowances of KRW 637,320, annual paid leave allowances of KRW 637,320, annual paid leave of KRW 679,800, annual paid leave allowances of KRW 2013, April 2014, and wages of KRW 1,110,00, May 20, 2014; and KRW 5,546,40, total of wages of KRW 962,00 on June 6, 2014 between the parties concerned without agreement on extension.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from December 5, 2010 to June 26, 2014 at the above workplace.

The retirement allowance of 4,384,671 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The charge of violating the Labor Standards Act is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. The charge of violating the Act on the Guarantee of Workers’ Retirement Benefits is the guarantee of workers’ retirement benefits.

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