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(영문) 창원지방법원 2018.02.28 2017고단3590
근로자퇴직급여보장법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The defendant in the factory office is the user who employs four full-time workers as the representative director of the Dispute Resolution D, which is in the window C of Changwon-si, and conducts retail business.

1. The Defendant violated the Labor Standards Act, including the fact that he/she worked in the said workplace from March 1, 2016, and did not pay KRW 1,902,253 of his/her retired worker E on February 1, 2017, within 14 days from the date of his/her retirement, which is the date of payment, without an agreement between the parties on the extension of the date of payment, and did not pay KRW 32,063,584 of his/her total wages, as shown in the list of crimes in the attached Table, within 14 days from the date of his/her retirement, which is the date of payment, without any agreement on the extension of the date of payment between the parties.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) worked in the foregoing workplace from March 1, 2016 to April 1, 2017; (b) did not pay KRW 4,868,553 of retirement allowances E of retired workers on April 1, 2017 within 14 days from the date of retirement, which is the date of payment, without an agreement on the extension of the payment period between the parties concerned; and (c) did not pay KRW 24,575,734, including the total amount of seven retirement allowances of workers, as described in the list of crimes in the attached Table, within 14 days from the date of retirement, which is the date of payment, without an agreement between

However, after the prosecution, the injured workers submitted the application for punishment to the party members.

Therefore, the public prosecution of this case is dismissed by judgment pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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