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(영문) 창원지방법원 마산지원 2013.07.18 2013고정388
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the employer who is a representative director of the Sinnam-gun, Gyeongnam-gun, who operates an industrial facility manufacturing business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 the total amount of KRW 34,507,287, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, as shown in the attached Form, such as D's wage of KRW 3,560,875, July 7, 2012, which had been employed as an employee as an employee at the workplace from June 2, 2008 to November 8, 2012.

(b) Where an employer retires, he/she shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 9,693,294, including KRW 5,073,204, and KRW 4,620,090, as retirement allowances of the above employee D, 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.

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. The victims shall not be punished after the prosecution of the case.

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

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