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(영문) 부산지방법원 2016.05.26 2016고단1055
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the actual manager of C in Busan Jin-gu, Busan, is an employer who runs a manufacturing business of medical supplies using four full-time workers.

(a) When a worker dies or 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

However, the Defendant did not pay KRW 800,000 in the wage balance of August 2015, 2015, and KRW 1,800,000 in September 2015, within 14 days from the date of retirement in which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

However, the Defendant did not pay KRW 4,432,56 of the retirement pay balance of retired D after working from March 7, 2014 to September 30, 2015 within 14 days from the date of retirement in which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. In light of the judgment, each of the above crimes can not be discussed against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records of this case, the fact that the victim’s withdrawal of his/her wish to punish the Defendant on March 9, 2016, which was the date the prosecution of this case was instituted, was submitted on March 9, 2016. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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