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(영문) 서울동부지방법원 2014.01.08 2013고정2033
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative in Gangdong-gu Seoul Metropolitan Government, is an employer who runs a publishing business using eight regular workers.

1. 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;

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

The Defendant shall work from August 8, 201 to January 31, 2013 at the foregoing workplace.

In addition to the unpaid amount of KRW 1,067,114 of the wages of retired workers D in October 2012, the total amount of KRW 5,134,350 of the money and valuables of five workers has not been paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date, as stated in the list of crimes in the attached Table.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

The Defendant shall work from August 8, 201 to January 31, 2013 at the foregoing workplace.

The retirement benefits of retired workers D, including the unpaid retirement benefits of KRW 1,548,566, did not pay the total amount of KRW 3,949,496 to three workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as stated in the list of crimes in the attached Table.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, workers D, E, F, G, and H are prosecuted after the institution of the instant indictment.

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