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(영문) 서울북부지방법원 2015.08.21 2015고단2295
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who ordinarily employs 20 workers as the representative of the Dano datum (E) located in Nowon-gu in Seoul Special Metropolitan City (C. 607) (C. 607).

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 is working as a caregiver from April 22, 2013 to March 31, 2015 at the above workplace.

In March 2015, wages of 677,570 won were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(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 of payment may be extended by agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working as a caregiver from April 22, 2013 to March 31, 2015 at the above workplace.

1,337,017 of retirement allowances for retired FF did not pay 1,337,017 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement

2. Determination

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

B. The victim was not subject to punishment after the prosecution of this case

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

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