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(영문) 서울서부지방법원 2015.07.24 2015고단1375
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of (ju) D of Yongsan-gu Seoul Metropolitan Government 1st floor 30, Yongsan-gu, Seoul, who runs wholesale and retail business with three full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 suspect is working from February 1, 2013 to June 9, 2014 at the above workplace.

The retired E’s wage of KRW 1,650,00 in April 2014, the wage of KRW 1,650,000 in May of the same year, and KRW 3,795,00 in June of the same year, did not pay KRW 3,795,00 in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the suspect is working from February 1, 2013 to June 9, 2014 at the above workplace.

Retirement allowance of retired E 2,191,640 won was not paid within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. Crimes of non-compliance with judgment: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, and dismissal of a worker's criminal intent to punish the defendant after a prosecution is instituted: Article 327 subparag.

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