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(영문) 창원지방법원 2019.11.29 2019고단2646
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a construction business using 30 full-time workers, who are the representative director of the Jinhae-gu B building and D Co., Ltd. (C) in Changwon-si.

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, while working in the said workplace from April 1, 2018 to February 28, 2019, did not pay 9,647,220 won in total for four workers as stated in the attached crime list, including 3,000,000 won for retired workers E, as well as 9,647,220 won in total, as stated in the attached crime list.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 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) Each written agreement stating the workers' expression of non-existence of punishment after an indictment is filed.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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