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(영문) 창원지방법원 마산지원 2018.10.26 2018고정165
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C Co., Ltd. located in Haan-gun, who ordinarily employs six workers and operates manufacturing business of steel structures.

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.

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

Nevertheless, the Defendant had worked in an adjoining workplace from July 19, 2016 to May 19, 2017 at the same workplace, and had retired from the workplace on February 2, 2017, the amount of 690,000 won of D’s retirement, the amount of 2.190,000 won of wages on March 2, 2017, the amount of 1.590,000 won of wages on April 1, 2017, and the amount of 6.42,00 won of wages on May 2017 between the parties, without agreement on the extension of the payment period between them, was not paid within 14 days from the date of retirement.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

(c) Non-compliance with punishment: Submission of a written agreement stating the intention of non-conformity with punishment after the prosecution of this case;

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

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