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(영문) 창원지방법원 2013.12.13 2013고단1691
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory office is a user who operates the steel structure manufacturing business using seven full-time workers as the representative director of the C&A company in Kimhae-si.

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

Nevertheless, from August 27, 201 to January 20, 2013, the Defendant, as indicated in the detailed statement of individual delinquent money and valuables attached hereto, including the total amount of KRW 12,459,280 of the wages of workers D, who were employed as the factory site and retired from the factory site, did not pay KRW 40,078,807 within 14 days from each retirement date on which the cause for payment occurred, without agreement between the parties on the extension of the due date.

It is so decided as per Disposition for the reason that the withdrawal of each criminal intent against the defendant by each employee of the crime of non-competence of the board(Article 327 subparagraph 6 of the Criminal Procedure Act) is more than a judgment of dismissing the prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act).

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