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(영문) 대전지방법원 2019.08.30 2019고단1109
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of Daejeon Daejeon-gu C, who is engaged in a forest processing business with 17 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace, worked from June 4, 2016 to November 21, 2018, and retired from the workplace, did not pay 13,534,034 won in total, including 13,534,034 won, as stated in the attached crime list, within 14 days from each retirement date, unless the parties have agreed to extend the payment date between them.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant, at the above workplace, worked from June 4, 2016 to November 21, 2018, and retired from D’s retirement pay of KRW 6,022,450 as well as KRW 42,349,780 in total for 13 employees, as shown in the list of crimes in the attached Table, did not make payment within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44(1) and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express will under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, attached Form D such as D, the victim.

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