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(영문) 창원지방법원 2015.06.10 2015고정411
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged [2015 high-level 411] The Defendant is an employer who runs a manufacturing business by employing eight full-time workers as C representative director, a company located in Seocho-gu Seoul Special Metropolitan City, Changwon-si B.

The Defendant did not respectively pay KRW 4,828,00,00, monthly wage of KRW 850,000, monthly wage of November 2014, and wage of KRW 1,170,000, monthly wage of KRW 2,808,000, monthly wage of November 2014, to November 29, 2014, as well as wage of KRW 1,170,00, and KRW 2,828,00,00, monthly wage of KRW 2,800, as of November 2014, without any agreement between the parties to the extension of the payment date.

[2015 High Court Decision 2012] The Defendant is the representative director of a corporation established for the purpose of manufacturing industry, machinery, etc. using seven full-time workers under the trade name, which is, Changsi-si C Co., Ltd. located in Changwon-si, Changwon-si

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

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

Nevertheless, the Defendant did not pay KRW 22,935,330 of the total wages of four retired workers (F, G, H, and I), including KRW 4,00,00,000 for October 2014, and KRW 3,333,30 for November 2014, as well as KRW 7,333,330 for retirement workers (F, G, H, and I) within 14 days from the date on which the cause for payment occurred, without any agreement on extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the express will of the victims. According to the records, the victims were punished against the Defendant on June 4, 2015, which was the date the instant indictment was instituted.

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