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(영문) 창원지방법원 마산지원 2013.05.09 2013고정115

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the employer who is the representative of Changwon-si and operates the steel structure manufacturing business using four regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay KRW C’s wage of KRW 520,00,00, which was worked as a heat exchange pipe ducting work force from June 1, 2012 to June 4, 2012 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the payment due date between the parties concerned.

Article 327 subparag. 6 of the Criminal Procedure Act, Article 109(2) of the Labor Standards Act (Withdrawal of Declaration of Intention to punish a person)