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(영문) 인천지방법원 2016.12.15 2016고단7247
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the Defendant, as the C representative director in the Nam-gu Incheon Metropolitan City, who runs the electronic components manufacturing business using 26 full-time workers.

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

Nevertheless, the Defendant, at the foregoing workplace from August 13, 2014 to March 18, 2016, was in service and retired from office as well as KRW 1,838,380 of D’s monthly wage in December 2015. However, the Defendant, as described above, did not pay KRW 75,630,132 in total, including nine workers’ wages, within 14 days from the date of retirement without agreement on extension of the due date for payment between the parties.

2. 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

Nevertheless, the Defendant did not pay the total amount of KRW 89,941,645, as stated in the details of the attached money and valuables in arrears, including KRW 4,880,701 of the aforementioned D retirement pay, within 14 days from the date of retirement without agreement on extension between the parties concerned of the due date.

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. The victims' expression of non-existence of punishment after the prosecution of the case

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

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