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(영문) 창원지방법원 밀양지원 2018.03.08 2017고단587

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an actual operator of Da in the Gyeong-gun, who was neither a person nor a person in charge of manufacturing steel structures, employing 7 full-time workers.

When a worker dies or retires, the employer shall pay the wages and other money and valuables, within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay 49,880,000 won of wages of 12 employees from June 1, 2017 to August 14, 2017, as stated in the details of money and valuables in arrears in the attached Form, including that the Defendant did not pay 69,80,000 won of wages of 12 employees from June 1, 201 to 14 days from the date of each retirement.

2. Article 327 Subparag. 6 of the Criminal Procedure Act, Article 109(2) of the Labor Standards Act (not to punish victims after the institution of this case)