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(영문) 대구지방법원 2014.12.18 2014고정2578
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user who is the representative of C in Daegu Northern-gu Buk-gu 102, and has operated transportation business (cargo) with two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 14 days from the date of retirement without agreement between the parties on June 1, 2014, which was retired on July 1, 2014 at the same place of business.

(b) When the employee retires, the employer shall pay the retirement allowance within fourteen days after the occurrence of the cause for such payment. Nevertheless, the employee shall work at the workplace above.

On July 1, 2014, the retirement pay of KRW 3,521,420, which was retired, was not paid 14 days after the date of retirement without agreement between the parties to the extension of the payment date.

2. We examine the judgment. Each of the above facts charged is a case in which a public prosecution cannot be instituted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records of this case, it can be recognized that the victim withdrawn his wish to punish the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6)

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