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(영문) 대구지방법원 2019.10.24 2019고단4563
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the employer who has run retail business (maart) with one full-time employee as the representative of Daegu Jung-gu Business Building C or D located in E. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 works in the above workplace from January 11, 2018 to January 15, 2019.

The retired FF’s wage of 1.7 million won in November 2018, 2018, wage of 2.3 million won in December 2018, wage of 2018, wage of 2.3 million won in January 2018, wage of 2019, total of 4.2 million won in January 2019, and total of 4.2 million won in payment was not paid within 14 days from the date on which

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant works in the above workplace from January 11, 2018 to January 15, 2019.

The retirement allowance of retired FF 2,280,821 won was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date.

2. Determination

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

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

C. On August 9, 2019, after the institution of public prosecution, a statement of withdrawal of a complaint stating an employee’s expression of non-guilty to punish the employee.

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

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