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(영문) 창원지방법원 마산지원 2016.11.29 2016고단1047
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a business owner who ordinarily employs four workers and operates a printing business as the representative of the C Printing in Changwon-si, Changwon-si.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant is serving as the head of the computer department on July 16, 1990 in the above workplace.

On September 1, 2016, employees D, who retired on September 1, 2016, did not pay 57,521,463 won in total, including the wages and meal expenses of three employees in the same workplace as stated in the detailed statement of the amount in arrears of each individual, 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 for 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 the cause for such payment occurred; and

Nevertheless, the defendant is working as above in the above workplace.

The retirement allowances of retired workers D including KRW 69,720,457, and the total amount of KRW 116,703,142 of the three employees' retirement allowances at the same place of business was not paid 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 due date.

2. Each of the facts charged in this case is an offense against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

On November 10, 2016, after the institution of the instant prosecution, the victims expressed their intention not to be punished against the Defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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