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(영문) 대구지방법원 2019.10.01 2019고단2872
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Daegu Southern-gu, is an employer who operates an electronic commerce transaction business using three full-time workers.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the 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 December 28, 2015 to June 30, 2017.

On December 2015, 2015, wages of 36,258,064 won in total, as stated in the attached list of crimes, such as wages of 258,064 won, were not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

(b) 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 December 28, 2015 to June 30, 2017.

The retirement allowance of 2,986,000 won 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 part concerning the violation of the Labor Standards Act among the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. The part concerning the violation of the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the same Act. The part concerning the violation of the Act on the Guarantee of Workers’ Retirement Benefits is a crime that falls under Articles 44 subparag. 1 and 9 of the same Act and cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the same Act. Since the victim submitted an application for non-prosecution of punishment to the Defendant

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