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(영문) 부산지방법원 동부지원 2013.06.12 2013고단760
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the C representative director of the Co., Ltd. located in Busan-gun, is a person who ordinarily employs 13 workers and carries on vessel parts manufacturing business. A.

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, the Defendant did not pay a total of KRW 7,606,097, including wages, etc. to D who worked in production from November 22, 2010 to September 26, 2012 at the above company, and did not pay KRW 29,957,246, including wages, etc. for four workers, as shown in the attached crime list (1) as stated in the attached crime list (1), within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer under the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days after a cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 4,868,266 of retirement allowances to the above D at the above company, and did not pay KRW 11,997,206 in total for three employees as stated in the attached Table of Crimes (2) within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. Since workers expressed their intent not to be punished against the Defendant after the institution of the public prosecution for determination, the instant public prosecution is dismissed in accordance with Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 327 subparag. 6 of the Criminal Procedure Act

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