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(영문) 수원지방법원 2015.11.13 2015고단4556
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of the Suwon-si, Suwon-gu, Suwon-si, and the three-story Dispute Resolution Co., Ltd.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay 8,580,000 won, including the total amount of wages from November 1, 2014 to February 28, 2015, totaling 54,07,290 won for 10 workers, as shown in the separate crime list, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties on the extension of the due date for payment.

(b) An employer violating 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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 4,69,404 in total, including KRW 2,109,291 and KRW 2,590,113 of F’s retirement allowances, who worked in the said workplace from June 5, 2012 to July 31, 2014, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

2. Each of the facts charged above is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, since all workers mentioned in the above facts charged expressed their intention not to be punished against the defendant, Article 327 subparagraph 6 of the Criminal Procedure Act.

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