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(영문) 대구지방법원 2019.09.24 2019고단3725
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the KOcheon-si Co., Ltd. Co., Ltd. in Youngcheon-si, is an employer who runs the textile manufacturing business using 11 full-time workers.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

The defendant shall work in the above workplace from January 1, 2018 to May 31, 2019.

A retired worker D's total of 52,630,00 won of wages of 3,600,000 won on April 4, 2019 and 52,630,000 won of wages of 11 workers as stated in the attached list of crimes shall not be paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties

(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

The defendant shall work in the above workplace from January 1, 2018 to May 31, 2019.

The retirement allowance of retired workers D including 4,978,678 won, and 45,662,612 won, including 4,978,678 won, were not paid within 14 days from the date of retirement without any agreement on extension between the parties concerned of the due date.

2. Determination

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

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

C. On August 12, 2019, the withdrawal of a complaint on August 12, 2019, stating that each employee’s intention not to punish has been submitted.

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

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