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(영문) 창원지방법원 마산지원 2015.08.11 2015고단338
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant and the person in charge of business management of C&A engaged in the manufacturing business in Haak-gun B.

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

Nevertheless, the Defendant is working for the production from June 5, 2012 to October 22, 2014 in the above company.

The total amount of wages of retired D 5,765,00 won, and the company from October 1, 2013 to October 22, 2014, are engaged in production service.

The retirement E did not pay 1,965,000 won in total, including 6,200,000 won, to two workers, without any agreement on the extension of the due date, until 14 days have passed from the date of each retirement.

2. 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

Nevertheless, the Defendant, from June 5, 2012 to October 22, 2014, is serving as production workers in the above company.

The retirement allowances of retired D 6,59,460 won, and the company from October 1, 2013 to October 22, 2014, are engaged in production service.

The retirement allowance of the retired E was not paid KRW 2,710,160, and the total amount of KRW 9,309,620 for two workers' retirement allowances was not paid without any agreement on the extension of the date until 14 days have passed from the date of each retirement.

The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the above workers shall be punished against the defendant after the prosecution of this case is instituted.

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