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(영문) 서울동부지방법원 2015.11.11 2015고정845
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a DNA representative in the first floor of Seongdong-gu Seoul Metropolitan Government, who runs food business using two full-time workers. A.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from April 10, 2013 to December 13, 2014 at the above workplace.

The retired E's wage of 880,640 won on December 12, 2014 was not paid within 14 days from the date of retirement without 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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the above victim E's retirement pay of KRW 3,471,837 was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, subparagraphs 1 and 9 (b) of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and are not prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records of this case, on November 11, 2015, which was after the prosecution of this case, the victim E withdraws his wish to punish the defendant. Thus, all of the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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