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(영문) 창원지방법원 2014.12.17 2014고단2776

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in manufacturing industrial machinery by employing seven full-time workers as a real manager of C Co., Ltd. located in Kimhae-si.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from August 14, 2012 to May 27, 2014, the Defendant worked as the director in charge of production management in the foregoing workplace, and did not pay two workers, including the total of KRW 5,057,841 of retirement allowances of retired workers D and the total of KRW 12,177,841 of wages from March 24, 2014 to May 2014, as well as KRW 3,97,984 of retirement allowances of E, and KRW 10,69,624 of wages from March 2014 to May 27, 2014, within 14 days from the date of payment without agreement on the extension of the payment period and KRW 22,284,465 of wages from March 24, 2012 to May 27, 2014.

2. One copy of the case. Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted differently from 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 According to each written agreement bound in the public trial records, the above victims can be recognized as having withdrawn their wish to punish the defendant after the institution of the public prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.