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(영문) 창원지방법원 2017.11.09 2017고정760
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

The defendant, as the representative of the C located in the Gyeongnam Kim-si, is an employer who runs a painting processing business with eight full-time workers.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 23,792,696 in arrears with three retired workers within 14 days from the date on which the cause of the occurrence of the payment occurred, as stated in the Schedule of Attached Crimes, as well as KRW 2,268,493 of D, retired from the said workplace as the head of the business from February 6, 2017 to March 24, 2017, as well as KRW 23,792,696 in total, as stated in the Schedule of Attached Crimes.

2. Determination

(a) Relevant criminal facts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

C. On November 2, 2017, after the instant indictment, a letter of withdrawal of a complaint containing the intent that victimized workers do not want the Defendant’s punishment. D.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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