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(영문) 부산지방법원 서부지원 2021.01.15 2020고정577
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative director of the BC located at the time of remaining in the Republic of Korea, who is an employer as a person in charge of business management who ordinarily employs 12 workers to purify accumulated pollutants.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay total of KRW 24,836,00,000, such as wages, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date, as shown in the list of crimes against four retired workers, as well as KRW 2,50,00,00 in December 2, 2019, when he/she was working as a field of the construction work for the purification work of polluted relics constructed in the sea in front of the port of Busan, Seocheon-gu, Busan, to January 14, 202.

2. This part of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the employee’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

On July 6, 2020, D, E, F, and G drafted a written agreement to the effect that they do not want to be punished by the defendant, which was submitted to this court on July 28, 2020.

Ultimately, since each worker mentioned in this part of the facts charged can be deemed to have expressed his intention not to punish the defendant after the prosecution of this case, it is so decided as per Disposition by Article 327 subparagraph 6 of the Criminal Procedure Act.

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