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(영문) 의정부지방법원 2018.02.09 2017고단5022
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates an electrical construction company with three full-time workers as an actual operator of K-si B and C located in K-si located in the Government.

(a) When a worker dies or retires from office, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay 12,154,420 won in total as stated in the list of crimes in the attached Form, including the failure to pay the wages of 346,200 won in December 2015, which had been worked at the above workplace from February 10, 2015 to May 31, 2016 at the above workplace, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of payment date.

(b) An employer who violates the Guarantee of Retirement Benefits for Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 3,196,09 of D retirement pay, which was worked from February 10, 2015 to May 31, 2016 at the above workplace, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of this case, the victim expressed his intention not to punish.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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