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(영문) 창원지방법원 밀양지원 2020.01.09 2019고단487
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory room is a person who operates the manufacturing industry by employing 20 full time workers as the representative director of C(State) and D(State) located in C(State) in Syang-si, Chungcheongnam-si.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and other money and valuables within fourteen days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant is working from August 20, 2015 to December 1, 2018 at the above workplace.

The retired E’s wages of KRW 16,851,00,000, including the wage of KRW 3,360,000 on September 2018, did not pay the total of KRW 16,851,000, and the total of KRW 23,823,000 on retirement allowances of two workers as indicated in the following list of crimes, within 14 days from the date of retirement without an agreement on extension of the due date between the parties.

The total amount of retirement allowances paid during the name-based period of employment in the table of the crime committed on September 2018, 2018 from August 20, 2018 to December 1, 2018, 3,360,000 to August 3, 5, 2018; 360,590,000; 6,950,067; 11,067; 690; 18,017; 6902F 2F 2F 20 on March 1, 2016 to December 1, 2018:

(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. After the prosecution of this case, the withdrawal of the petition containing the expression of no punishment for the above workers is submitted respectively.

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

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