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(영문) 전주지방법원 2019.07.18 2019고정103
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant, as the representative of the limited liability company C in the former North Korea-gun B, is an employer who runs a manufacturing business using six full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen 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, at the foregoing place of business, worked from January 23, 2017 to October 18, 2018, and retired from the said place of business, did not pay KRW 2,336,330 of D's August 8, 2018, wages of KRW 3,336,30 of September 2018, wages of KRW 1,929,439 of October 2018, totaling KRW 7,602,09 within 14 days from the date of retirement without an agreement on extension of the due date between the parties.

(b) 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, while working in the foregoing workplace from January 23, 2017 to October 18, 2018, did not pay KRW 6,150,273 of D retirement pay within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

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

However, according to the records of the application for no punishment filed in the records of this case, the victim expressed his wish to punish the defendant on June 19, 2019, which was after the prosecution of this case was instituted.

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