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(영문) 대전지방법원 2018.05.11 2018고정103
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

The summary of the facts charged is the defendant, who is the representative director of Daejeon Seo-gu B and C Co., Ltd., and carries on mechanical manufacturing and manufacturing business.

When a worker retires, the employer shall pay the worker all other money and valuables, such as wages, retirement allowances, etc. within 14 days from the date of retirement, unless there exists an agreement between the parties to the extension of the payment deadline

Nevertheless, the Defendant, who retired from the above workplace from office from September 1, 2005 to March 18, 2017, did not submit an annual paid leave allowance of KRW 6,971,069, business trip allowance of KRW 2,210,00, and retirement allowance of KRW 27,471,550, and KRW 24,549,190, and KRW 24,549,190 from September 1, 2005 to February 1, 2017, against the Defendant’s intent of Article 4 of the Act on the Guarantee of Wage payment of KRW 14,285,40 from May 1, 201 to February 1, 2017, to the retired employee under the proviso to Article 14 of the Act on the Guarantee of Wage Payment of KRW 10,00,000 from the date of retirement without agreement between the parties on the extension of the payment period of KRW 14,280,400.

According to the trial records, workers D, E, and F may recognize the fact that they have withdrawn their wish to punish the defendant on May 10, 2018, which was after the institution of public prosecution. Thus, each of the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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