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(영문) 인천지방법원 부천지원 2020.04.22 2019고단4078
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative of C in Kimpo-si, is an employer who runs a printing business using 18 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all 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, the defendant is working from December 9, 1996 to June 22, 2019 at the above workplace.

Wages 38,816,058 and retirement allowances 106,167,811 won of retired D were not paid within 14 days from the date of occurrence of the cause of payment, without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Each crime of non-compliance;

C. On April 8, 2020, after the prosecution of this case, a written agreement stating the intention not to punish D Defendant was submitted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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