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(영문) 부산지방법원 동부지원 2014.09.22 2014고정825
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user who is the representative director of the Busan Southern-gu Co., Ltd., who operates food manufacturing business with 12 full-time workers in Busan-gu.

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

Nevertheless, the Defendant did not pay the total of 17,48,364 won of the six wages, such as D, including the total of 17,48,364 won, within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties, as shown in the attached Table, including D’s wage of 2.510,00 won for October 2013, wage of 2013, wage of 2510,000 won for November, and wage of 11,110,000 won for December.

2. Grounds for dismissing the public prosecution; and

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Grounds for dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (Withdrawal of workers' wish to punish);

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