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(영문) 창원지방법원 2014.05.30 2013고단1918
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a business management officer who employs ten full-time workers as the C(main) representative director located in the Haan-gun, Chungcheongnam-gun, and operated the steel structure manufacturing business.

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

Nevertheless, the defendant from July 14, 2008 to the above workplace.

8. The party did not pay the total of KRW 40,700,000 to the six workers as well as KRW 1,250,000 in August 2008 of the worker D who was in charge of the contact work until 30.30,00 in addition to the statement of unpaid money and valuables by each individual, within 14 days from the retirement date on which the cause for payment occurred, without agreement on the extension of the due date.

2. Rejection of public prosecution (Article 109(2) of the Labor Standards Act) for victims who were not subject to punishment (However, in the case of victims Nos. 1 through 4 of the annexed list of crimes, E, an agent, submits a written agreement) (Article 327 subparag. 6 of the Criminal Procedure Act).

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