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(영문) 창원지방법원 마산지원 2019.06.21 2019고단414
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative director of C, a corporation located in Haan-gun B, who runs the mechanical processing business with nine regular workers.

1. The Defendant is in charge of the Malaysia from October 6, 2017 to February 28, 2019 at the above workplace.

A retired D's wage of 4 million won in February 2019, and accounting work shall be conducted from December 1, 2016 to March 14, 2019.

The retirement E's wages of KRW 1,916,50 for February 2019, and the wages of KRW 865,580 for March, did not pay KRW 6,782,240 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 to the extension of the due date.

2. The Defendant did not pay KRW 9,979,429 in total, KRW 5.6 million of D retirement pay, KRW 4,379,429 in the above place of business 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.

Judgment

Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, Article 327 subparag. 6 of the Criminal Procedure Act that withdraws the victims' intent to punish.

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