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(영문) 대구지방법원 경주지원 2016.05.26 2015고단795
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who operates DNA containers in racing-si, and employs seven full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

The Defendant did not pay KRW 34,378,090 in total, including unpaid wages and allowances, etc. of the victim E who retired from office around October 6, 2014; KRW 4,363,250 in total, including unpaid wages and allowances, etc. of the victim F who retired from office around November 1 of the same year; and KRW 1,125,260 in total, including unpaid wages and allowances, etc. of the victim G who retired from office around November 1 of the same year, within 14 days from the date of retirement, without agreement on extension of payment period, respectively.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Defendant did not pay KRW 5,697,390 of the above E retirement pay, KRW 5,808,250 of the above F's retirement pay, and KRW 2,576,980 of the above G's retirement pay, without any agreement on extension of payment date, within 14 days from the date of the retirement.

2. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act; the main text of Article 44(1) and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. After the prosecution of the instant case, all victims expressed their intention to punish the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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