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(영문) 창원지방법원 밀양지원 2019.05.02 2019고단64

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd. located in Gyeongnam-gun, who ordinarily employs two workers and manufactures electric machinery for household use.

1. An employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, except where the payment has been extended by agreement between the parties concerned when the worker retires;

Nevertheless, the defendant is working from September 1, 2015 to October 31, 2018 at the above workplace.

The retirement D's wages of 112,276,080 won, including 4,050,000 won on November 201, 2016, did not pay 112,276,080 won in total for two workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the payment.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred, except in case where the payment is extended by agreement between the parties concerned; and

Nevertheless, the defendant is working from September 1, 2015 to October 31, 2018 at the above workplace.

The retirement allowance of retired D, including 12,58,859 won, was not paid 21,615,679 won in total for two employees as shown in the attached list of crimes, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case cannot be prosecuted against the express will of the victimized employee under Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, the injured workers on May 2, 2019, which was after the prosecution of this case was instituted, against the defendant.