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(영문) 서울동부지방법원 2013.11.13 2013고정2185
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant, as the representative director of the Seoul Special Metropolitan City Gwangjin-gu and the second floor C Co., Ltd., is an employer who runs franchise restaurant business using six full-time workers.

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

Nevertheless, the defendant works from July 20, 2009 to September 25, 2012 at the above workplace.

A retired worker D's wage of KRW 1,620,00 in September 2012 and his/her workplace shall work from August 11, 2008 to June 22, 2012.

On February 2012, E of retired workers: (a) paid 3,60,000 won of wages in March 2012; (b) paid 3,600,000 won of wages in April 2012; and (c) paid 3,60,000 won of wages in May 2012; and (d) paid 15,960,000 won of total wages in June 2012, including 2,640,000 won of wages in June 2012.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant works from July 20, 2009 to September 25, 2012 at the above workplace.

A retired worker's retirement allowance of KRW 6,002,60,600 and his/her workplace shall work from August 11, 2008 to June 22, 2012.

The 19,733,850 won in total, including 13,731,250 won in retirement allowance of retired workers E, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The records show that workers D.

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