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(영문) 대구지방법원 2014.06.11 2014고정780
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative located in Daegu Dong-gu, Daegu-gu, the Defendant is an employer who runs the automobile maintenance business using eight full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, on November 22, 2013, the Defendant did not pay KRW 6,620 on November 201, 2013 to retired workers D, without an agreement on the extension of the payment date between the parties concerned, within 14 days from the date when the cause for the payment occurred.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, on November 22, 2013, the Defendant did not pay KRW 11,390,946 of the retirement allowances of workers D who retired while working in the above workplace within 14 days from the date of retirement in which the cause for payment occurred, without an agreement between the parties to the extension of the due date.

2. Crimes of non-compliance with the intention of expression: Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers' Retirement Benefits; Article 327 subparag. 6 of the Criminal Procedure Act indicating the victim D's intention of not to punish him/her: Dismissal of prosecution.

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