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(영문) 전주지방법원군산지원 2020.10.14 2020고정235
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of the following subparagraphs: (a) the Defendant is an employer who uses two full-time workers and operates a service business (science research service).

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant worked in the above workplace from October 1, 2018 to October 31, 2019, and did not pay the total of KRW 36,960,000, in total, from November 1, 2018, and from January 1, 2019 to October 1, 2019, the Defendant paid KRW 36,960,000 within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

(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 time limit for payment may be extended by mutual agreement between the parties concerned in exceptional circumstances.

Nevertheless, the defendant did not pay KRW 3,566,122 of the above D's retirement pay within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. Crimes of non-prosecution for judgment: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act: Judgment dismissing a public prosecution with a statement that the victimized worker does not want the punishment of the defendant after the prosecution of this case: Article 327 subparag. 6 of the Criminal Procedure Act.

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