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(영문) 인천지방법원 부천지원 2017.12.22 2017고단2006
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative in Kimpo-si, is an employer who runs farm business using one full-time employee.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the defendant employed in the above workplace from May 5, 2015 to July 21, 2016 and did not pay 1,500,000 won for retired workers D's wages on May 5, 2016, and 1,50,000 won for June 6, 2016, and 1,170,000 won for wages on July 1, 2016, and 847,353 won for retirement allowances and 847,353 won for total wages within 14 days from the date on which the grounds for payment occurred without agreement between the parties to extend the payment date.

2. Determination and conclusion

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Submission of a written withdrawal of complaint by the victim after instituting a prosecution;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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