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(영문) 대전지방법원 논산지원 2018.04.13 2017고정177
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the agricultural company C in the granted group B, who runs the grain wholesale business using eight full-time workers.

(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, from July 1, 2010 to March 1, 2017, did not pay the total amount of KRW 9,200,000 for two workers, including the wage of KRW 2,700,000 in January 1, 2017, the monthly wage of KRW 2,700,000 in February, and the wage of KRW 1,90,000 in January 1, 2016 to March 1, 2017 for workers E who retired from the said workplace, including KRW 1,90,00 in February, 1, 200, and KRW 1,90,00 in February, to two workers who retired from the said workplace, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

(b) An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days after the grounds for payment occur, in cases where the employee retires.

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

Nevertheless, the defendant did not pay KRW 14,419,702 to the above D within 14 days from the date of retirement without the agreement on the extension of the payment period between the parties.

2. Determination

(a) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On November 28, 2017, after the institution of the instant indictment, submission of a written agreement to the effect that workers E and workers D do not want to be punished by each Defendant on February 23, 2018.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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