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(영문) 부산지방법원 2017.12.14 2017고단3616

근로기준법위반등

Text

Each public prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates a construction business with six full-time workers under the trade name of the “C” in the Busan Geum-gu, Busan.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the said workplace from July 1, 2013 to November 27, 2016, and paid 20,409,000 won in total of the wages and retirement allowances of retired workers D, and 20,409,000 won in total from December 1, 2010 to February 16, 2017, and paid 40,924,000 won in total of the wages and retirement allowances of retired workers E, including 20,515,00 won in total, from December 1, 2010 to February 16, 2017.

2. Each of the facts charged of the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and is not prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.

According to the records, ① When the sentencing investigator of this court asks the victimized workers of his intention to punish the defendant, all the victimized workers do not want the punishment of the defendant.

It is recognized that the statement, ② the statement, ② the statement that D's penalty is not applied to the actual worker, was submitted to this court.

B. The victims of this case filed a lawsuit for the claim for wages against the KCAB and withdrawn the lawsuit under the agreement with the Defendant. As long as the victims and the private workers agreed to do so, the unpaid wages were liquidated.

It is reasonable to see that the wage, etc. is not settled.