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(영문) 대구지방법원 2019.10.01 2019고단3169
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Daegu Dong-gu C Stock Company B, is an employer who runs a construction business using four full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

The defendant works in the above workplace from August 25, 2014 to May 31, 2018.

A retired worker D’s total amount of KRW 24,50,000,000, as stated in the attached list of crimes, including the wage of KRW 1,500,000 on December 12, 2016, was not paid within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties concerned.

2. An employer who violates 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

The defendant works in the above workplace from August 25, 2014 to May 31, 2018.

The retirement allowance of retired workers D was not paid 7,375,810 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. All the facts charged in the instant case, which are crimes of non-violation of intention. According to the records in the instant case, it is recognized that the Defendant was not able to be punished by the Defendant under an agreement with the employee D (data submitted by the counsel on September 27, 2019). Therefore, it is so decided as per Disposition by applying Article 327 subparagraph 6 of the Criminal Procedure Act.

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