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(영문) 전주지방법원 2018.06.28 2017고단2374
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the Seoul Special Metropolitan City (State) Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists an extension of the date by an agreement between the parties concerned, due to any special circumstances;

Nevertheless, the Defendant had worked from August 27, 2012 to April 25, 2017 at the same place of business, and had not paid 52,860,946 won in total, as shown in the list of crimes in the attached Table, including KRW 2,645,014, which was retired from office, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.

(b) An employer who violates the guarantee of retirement benefits of a worker shall, in cases where the worker retires, pay the retirement benefits within fourteen days after the ground for such payment occurred, unless there exists any extension of the due date under an agreement between the parties concerned due

Nevertheless, the defendant employed the above workplace from August 27, 2012 to April 25, 2017, and did not pay 165,436,797 won in total, including 14 retirement allowances of retired workers, within 14 days from the date of retirement without any agreement on the extension of payment deadline between the parties, as shown in the list of crimes in the attached Table.

2. The part of the facts charged in the instant case, which violates the Labor Standards Act, is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 109(2) of the same Act. Of the facts charged in the instant case, the part of the crime of violating the Labor Standards Act, which constitutes a crime falling under Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, may be prosecuted against the victim’s express intent under the proviso to Article 44 of the same Act.

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