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(영문) 대전지방법원 2015.04.15 2015고단278
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Dispute Resolution Co., Ltd. in Sejong-si, who runs a manufacturing business using eight full-time workers. A.

When a worker retires, the employer shall pay the wages, compensations, and 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 worked in the foregoing workplace from April 1, 2013 to April 10, 2014, and retired from the said workplace, and did not pay KRW 2,785,00 in February 2014, and KRW 3,460 in March 2014, including KRW 2,785,00 in March 2014, and KRW 91,70 in April 2014, and KRW 5,878,700 in April 21, 2014, and KRW 560,00 in September 21, 2014 to September 5, 2014, and paid KRW 3,460 in September 2, 200 in September 2014, without agreement between the parties on retirement.

(b) When a worker retires, the employer shall pay retirement allowances within 14 days from the date on which the cause for such payment occurred, unless agreed upon by the parties for extension of the due date.

Nevertheless, the Defendant worked from April 1, 2013 to April 10, 2014 at the above workplace and did not pay KRW 2,535,236 of the retirement pay of E, which was retired, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Determination

A. (1) Article 109(2) and Article 36(2) of the Labor Standards Act: (2) proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits and Article 9 of the same Act

B. On January 8, 2015, the victims do not want punishment after filing an indictment.

(c) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;

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