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(영문) 의정부지방법원 고양지원 2016.01.12 2014고단2860
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of D in Pakistan, who is a full-time employee of D and engages in wholesale and retail business with 12 full-time employees.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the due date is extended by an agreement between the parties concerned;

Nevertheless, the Defendant did not pay KRW 3,800,000 of the total wages of workers E retired from the said workplace from March 2, 2009 to July 31, 2013 without an agreement on the extension of the payment period between the parties concerned, and did not pay KRW 29,394,50 of the total wages of five workers within 14 days from the date of retirement as shown in attached Table 1 of the day of retirement, as shown in attached Table 1 of the day of retirement.

(b) An employer who violates a guarantee of retirement benefits for a worker shall, when the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, unless the payment date is extended by an agreement between the parties concerned;

Nevertheless, the Defendant did not pay KRW 4,542,460 of the above E’s retirement pay within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, and did not pay KRW 21,686,920 in total for four employees, such as the two-year period period in the List of Crimes in the Annex II, within 14 days from the date of retirement without an agreement on the extension of the payment period between the respective parties.

2. The indictment of this case is dismissed since all the victimized workers of this case expressed their intention not to be punished for the defendant after the prosecution of this case was dismissed.

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