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(영문) 서울북부지방법원 2017.03.03 2017고단257
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of the Jung-gu Seoul Central District Bank Co., Ltd., which is in the second and second floors, who ordinarily employs five workers and operates software development business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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, from March 6, 2014 to May 10, 2016, did not pay KRW 168,190 in February 2016, KRW 1,100 in March 2016, KRW 1,100 in April 1, 2016, KRW 1,100,00 in April 201, and KRW 2,918,960 in May 201, to D workers who retired from office as software developers within 14 days from the date of retirement without agreement between the parties to the extension of payment date.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 2,674,940 to D who retired workers as software developers from the above workplace from March 6, 2014 to May 10, 2016 without agreement between the parties to the extension of payment deadline.

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

However, according to the statement of withdrawal of a petition submitted to this court, it is obvious that D has expressed his/her wish not to punish the defendant.

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