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(영문) 창원지방법원 밀양지원 2017.11.07 2017고단243
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a business owner who runs a construction business by employing one full-time employee as a “C” manager located in Gyeong-gun, Gyeong-gun, Gyeongnam-gun, and is an employer.

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.

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

Nevertheless, the Defendant did not pay the amount of wages of KRW 3,250,000, wage of KRW 6,000,000 on November 1, 2015, as well as KRW 1,000,00, total of KRW 1,000,00,000 on December 1, 2015, as indicated in attached Form 10,250,250,000, total of KRW 7 workers’ wages of KRW 29,750,000 on the extension of payment period, as well as KRW 7 workers’ wages of KRW 29,750,000 on the extension of payment period, from October 1, 2015 to December 4, 2015.

2. Article 327 Subparag. 6 of the Criminal Procedure Act, Article 109(2) of the Labor Standards Act (not to punish victims after the institution of this case)

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