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(영문) 전주지방법원 군산지원 2020.05.18 2020고정91
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Ksan-si Bank of Korea, who is an employer who operates a general restaurant business by making five regular employees at D located in the following City:

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

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

Nevertheless, the Defendant worked from October 8, 2018 to October 27, 2019 and did not pay KRW 900,990 in August 2019 as well as KRW 16,913,250 in total for four retired workers within 14 days from the date of retirement as shown in the attached crime list, as shown in the attached crime list.

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 any cause for such payment occurred; and

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

Nevertheless, the Defendant worked from October 8, 2018 to October 27, 2019, and did not pay KRW 928,366 of the FF's retirement pay within 14 days from the date of the retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.

2. Crimes of non-prosecution for judgment: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, and the judgment dismissing a public prosecution stating that the victimized workers do not want the punishment of the defendant after the prosecution of this case: Article 327 subparag. 6 of the Criminal Procedure Act.

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