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(영문) 창원지방법원 2017.04.19 2016고단4339

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

The defendant is the representative director of the Co., Ltd. in the Kimhae-si, who is an employer as a person in charge of business operation who has engaged in electronic parts manufacturing business using 24 full-time 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 36,58,616 in total amount of money in arrears with four retired workers, including KRW 15,246,420, retired as the manager of the management division from December 10, 2012 to January 31, 2015, as well as KRW 36,58,616 in the attached crime list, such as the attached crime list, within 14 days from the date on which the cause for the occurrence of the payment occurred, without any agreement on the extension of the payment date between the parties.

In the case of a prosecutor’s opinion on prosecutor: The prosecutor’s opinion to dismiss the public prosecution: The prosecutor’s opinion to dismiss the public prosecution; the prosecutor’s opinion to punish the defendant by delivering the written withdrawal of the petition to the defendant after the public prosecution is instituted; thus, the public prosecution of this case is dismissed by judgment pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so ordered as per