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(영문) 창원지방법원 마산지원 2016.09.22 2016고정416
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director in the Haan-gun, Haan-gun B, was engaged in the manufacturing industry by making use of six full-time workers.

1. An employer shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 28,33,748 won, including the total sum of 3,50,000 won for wages on April 1, 2016 of D, which was retired from the said workplace as production management personnel from April 1, 2014 to May 31, 2016, and the total sum of 2,893,800 won for annual unused allowances and 2,893,800 won for annual unused allowances on May 2016, as stated in attached Table 1, without any agreement between the parties on the extension of payment date.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 22,653,280 won, including 8,477,810 won of D retirement pay, which was retired from the Defendant’s place of business from April 1, 2014 to May 31, 2016, as well as 22,653,280 won, including 3 employees, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without any agreement between the parties on the extension of the payment date.

2. Each of the facts charged in the instant 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 Act on the Guarantee of Workers’ Retirement Benefits.

The victims shall be the victims of the instant case on August 11, 2016 and September 8, 2016 after the institution of the instant prosecution.

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