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(영문) 서울동부지방법원 2020.05.08 2019고정1321
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant in the facts charged is a C representative director in Gangnam-gu Seoul, Seoul, and 8, who runs food franchise business using 180 full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after 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 is working from the D stores of the above workplace to December 31, 2018, from July 26, 2014.

With respect to withdrawal E, 437,063 won was not paid within 14 days from the date of retirement without agreement on extension of the due date between the parties.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay 14,745,570 won in total, as shown in the separate crime list, to three workers, including E, who worked from the D points of the above workplace from July 26, 2014 to December 31, 2018, within 14 days from the date of retirement, without an agreement on the extension of the due date between the parties.

2. Determination

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

B. Each expression of the intent that workers F, E, or G does not want the Defendant’s punishment after the prosecution of the instant case is instituted.

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

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