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(영문) 창원지방법원통영지원 2020.12.11 2020고단1361
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is a business owner who was engaged in a vessel vessel processing business with 60 full-time workers under the name of “C” in the name of “C” at the time of the charge.

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

Nevertheless, the Defendant has been on contact duty from October 30, 2010 to June 30, 2020 at the above workplace.

The retirement D's wages of 151,450,040 won, including wages of 2,755,540 won on June 2020, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment due date, as stated in the detailed statement of personal delayed payment in attached Form 51.

(b) 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 has been on contact duty from October 30, 2010 to June 30, 2020 at the above workplace.

The retirement allowance amounting to KRW 480,266,747, including KRW 9,913,023 of the retirement allowance amount of retired D, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date, as stated in the detailed statement of personal and late payment in attached Form 51.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

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

C. On November 23, 2020, after the prosecution of this case, the above workers expressed their intention not to punish.

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

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