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(영문) 대구지방법원 2014.07.24 2014고정1208
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual management owner of C located in Daegu-gun Group B, who is an employer who engages in a manufacturing business (automobile parts business) with five regular workers employed.

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

Nevertheless, the Defendant did not pay 7,794,622 won, including 1,550,000 won, wage of 1,550,000 won on October 1, 2013, wage of 1,033 won on November 201, 2013, and 2,583,333 won on wage of 2,58,333 won, and 7,794,62 won, including 7,794,62 won, from the date of retirement, without agreement between the parties to the extension of payment due date, as stated in the attached crime list.

(b) When the employee retires, the employer shall pay the retirement allowance within fourteen days after the occurrence of the cause for such payment. Nevertheless, the employee shall work at the workplace above.

The retirement allowances of 2,987,730 won, including 1,427,210 won of retirement allowances of retired workers D on August 29, 2013, were not paid 14 days from the date of retirement without agreement between the parties to the extension of payment due date, as stated in the list of crimes in the attached Table.

2. We examine the judgment. Each of the above facts charged is the case in which the victim cannot institute a prosecution against the express will of the victim under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records of this case, it can be recognized that the victims have withdrawn their expression of intent to punish the defendant through their agents after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327

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