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(영문) 광주지방법원 목포지원 2017.07.13 2017고단624
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of the limited company C in the Southern Cancer Group B, who runs metal processing business using 13 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay him/her wages within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant did not pay KRW 2,408,390 of wages of D (D, E) retired from his/her workplace from July 24, 2013 to August 18, 2016 within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as shown in the list of crimes attached hereto, from around that time to October 14, 2016, the Defendant did not pay KRW 21,192,395 of the total wages of six workers within 21,192,395 from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant did not pay retirement allowances of F (F, G) who retired from work in the said workplace from July 24, 2013 to August 18, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date, without agreement between the parties to the extension of the payment date and the retirement allowances of F (F, G) who retired from work in the said workplace from July 2, 2012 to September 30, 2016.

2. Determination

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

B. Each written withdrawal of the petition that the defendant does not want to be punished after the prosecution of this case is submitted.

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

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