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(영문) 광주지방법원 2020.01.16 2019고정838 (1)
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. in the Dong-gu in Gwangju-gu, is an employer who runs educational services using 27 full-time workers.

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

Nevertheless, the Defendant is working in C from November 1, 2017 to May 3, 2018.

The retirement D's wages (day leave allowances) of 186,36 won on November 2017, and the total amount of two workers' wages (day leave allowances) and annual unused allowances, as shown in the attached list of crimes, did not pay 5,556,912 won within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties concerned.

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

The Defendant is working in C from November 1, 2017 to May 3, 2018.

A retired D's retirement allowance of KRW 2,139,605, and from November 1, 2017 to April 26, 2018.

The retirement allowance of the retired E was not paid KRW 4,133,183 in total, including KRW 1,993,578, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

2. The charge of violating the Labor Standards Act is an offense falling under Articles 109(1) and 43 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. The charge of violating the Act on the Guarantee of Workers’ Retirement Benefits is an offense falling under Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits and cannot be prosecuted against the victim’s explicit intent under the proviso of

However, according to the records, it can be recognized that victims have withdrawn their wishes to punish the defendant by submitting each agreement on November 15, 2019.

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