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(영문) 창원지방법원 마산지원 2016.12.07 2016고단1035
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant charged with the instant charges is the representative of D Co., Ltd. in Haan-nam, Haan-gun, who runs the steel structure manufacturing business. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant, while working as a management director in the workplace from January 2, 2015 to June 30, 2016, did not pay 1920,000 won, including the total of 5,920,000 won, which is 120,000 won, and the total of 12,000 won, which is 14 days from the date on which the cause for such payment occurred, as described in the attached crime list, as stated in the list of crimes committed.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay 29,461,012 won, including 5,847,90 won of retirement pay of employees E, retired from the said workplace as above, 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, as stated in the attached list of crimes.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are expressed by the victim under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement

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