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(영문) 창원지방법원 마산지원 2016.10.05 2016고단595
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The facts charged in this case

A. The Defendant, at 2016 Godan595, is an employer, who is a representative director of C, a corporation located in Hanam-gun B, who ordinarily employs 40 workers and engages in the business of manufacturing and installing caters.

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

Nevertheless, the Defendant, at the foregoing workplace from March 18, 2016 to April 29, 2016, did not pay KRW 750,000,000, total amount of wages of 21 employees as well as KRW 60,515,00,00, as stated in the detailed statement of personal overdue money and valuables in attached Table 1, as well as KRW 750,000,00,000, in total, from March 18, 2016 to March 20, 2016, respectively, within 14 days from

B. The Defendant is an employer, who is a representative director of C, a corporation located in Hanam-gun B, Gyeongnam-gun, who ordinarily employs 40 workers and operates the business of manufacturing and installing caters.

1) Where an employee dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred. Nevertheless, the Defendant, from May 2, 2012 to May 20, 2016, worked as a business director at the said workplace and retired from office as well as the wages 2,614,194 won in May 2016, as well as the money and valuables in arrears by annexed Form 2, including the amount of wages 2,614,194 won in May 2016, shall be corrected to “G”;

hereinafter the same shall apply.

(2) As seen above, 65,690,923 won in total, including wages, bonuses, annual unused allowances, year-end year-end settlement refunds, etc., were not paid within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties on the extension of the due date.

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