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(영문) 창원지방법원 통영지원 2017.09.01 2017고정246
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who employs eight full time workers in D and E with the name of D and E within the company located in Gyeongsung-gun, Chungcheongnam-gun, and operates vessel equipment manufacturing business.

When an employee retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of his/her retirement.

Provided, That in special cases, the payment date may be extended by an agreement between the parties.

Defendant did not pay KRW 2,262,500 of the F’s wages at the same place of business from May 21, 2016 to June 13, 2016 at the same time within 14 days from the date of retirement, when the cause for payment occurred without agreement between the parties to the extension of the payment date.

2. Determination

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

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

C. In addition to the request for formal trial after the summary order of this case, a written agreement containing the expression of intention not to punish victimized workers is submitted.

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

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