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(영문) 창원지방법원 밀양지원 2017.05.02 2017고단20
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative of the (State)C located in Gyeongnam-gun, is an employer who ordinarily employs 13 workers and operates a wholesale and retail business for meat processing.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables, unless there exists an agreement between the parties on the extension of the payment date, within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 16,63,380 won in total of 14 employees’ wages, as shown in the attached Table, within 14 days from the date of retirement, including that D’s wage of 4 million won in June 2016, which had been worked in production from April 1, 2014 to September 30, 2016 as well as that of 14 days from the date of retirement.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period.

Nevertheless, the Defendant did not pay KRW 11,431,803 of D retirement pay from April 1, 2014 to September 30, 2016 to 14 days from the date of retirement, and did not pay KRW 61,468,449 in total for eight employees, such as (2) the money and valuables in arrears in the attached Form, within 14 days from the date of retirement.

2. Article 327 subparag. 6 of the Criminal Procedure Act, Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act (the victims’ penalty after the institution of the instant case was not available)

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