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(영문) 부산지방법원 2016.07.22 2016고단1097

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the factory laboratory in Gangseo-gu Busan Metropolitan City is an employer who engages in a manufacturing business using 11 full-time workers under the trade name of “C” in Gangseo-gu Busan Metropolitan City.

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

Nevertheless, from January 2, 2013 to October 31, 2015, the Defendant did not pay KRW 6,746,532, total amount of wages and retirement allowances of 7,357,562 to 7,000 from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, as shown in the attached list of crimes, as shown in the attached list of crimes, and did not pay KRW 25,357,562 to 7,00 from the date of retirement within 14 days from the date of retirement without agreement on the extension of payment deadline between the parties.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of this case, a letter of withdrawal of complaint stating the victims' expression of non-existence of punishment against the defendant is submitted.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;