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(영문) 창원지방법원 2021.01.22 2020고정720
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who regularly employs 22 workers as the president of the council for the representatives of apartment occupant B in the window of Changwon-si, Changwon-si, who operates apartment management business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked as the head of the management office from May 2, 2019 to May 1, 2020, and did not pay KRW 1,299,920 for the total of 10 days of the annual leave allowances of retired workers C, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (not to punish a victim);

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