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(영문) 창원지방법원 2020.09.02 2020고단981
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs a construction business by employing 40 full-time workers as an actual operator of the Seongdong-gu B building in Changwon-si and the D company in heading C.

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 worked in the said workplace from September 20, 2018 to January 5, 2019 and was retired from office, and did not pay 60,47,490 won in total for five workers’ wages and retirement allowances as stated in the attached crime list, including 900,000 won on September 20, 2018, within 14 days from the date of retirement, respectively, without any agreement on the extension of the due date between the parties.

The defendant of the 2020 Highest 1019 is an employer who runs a construction business using 12 full-time workers, who are the representative director of the F building in the Seocho-gu, Changwon-si, and D Co., Ltd. in subparagraph (G).

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 worked in the said workplace from June 1, 2017 to February 29, 2020, and did not pay 53,602,288 won in total, including the monthly wage of 40,000,000,000 won to February 2, 2020, and retirement allowances of 13,602,288 won during the said employment period, within 14 days from the date of the retirement of H, which is the due date, without any agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. After the prosecution of this case, the victimized workers expressed their intention not to punish the Defendant.

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