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(영문) 춘천지방법원 2021.01.25 2020고정229
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. According to Article 36 of the Labor Standards Act, the Defendant, as the representative of C in Gangwon-si, Gangwon-si, who ordinarily employs 17 workers and runs the distribution business, is the employer who is the employer. In the event a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 543,480 won annual paid leave allowances for the year 2017, which had been employed from December 1, 2015 to July 31, 2019 at the said workplace, 632,850 won for annual paid leave allowances for the year 2018, and 759,850 won for annual paid leave allowances for the year 2019, including 1,935,850 won for annual paid leave allowances for the year 2019, and 1,935,850 won for the year 200, as shown in the attached crime list, for four retired workers as well as 10,093,490 won for retirement workers, without an agreement on the extension of the payment date between the parties.

2. The facts charged in the instant case are crimes of non-violation of intention, and the victims expressed their intent not to have their punishment against the Defendant after the instant indictment. It is so decided as per Disposition in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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