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(영문) 창원지방법원 마산지원 2014.01.23 2013고정858
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

Punishment of the crime

The defendant is a business owner who employs nine full-time workers as the representative in Msan-si B located in Changwon-si and operates a printing business. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 16,31,803 won in total as stated in the attached Form, including D’s wage 1,127,875 won, which worked as the editing correction date from July 18, 2006 to July 19, 2013 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties concerned.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 9,304,230 of D retirement pay working as the editing correction date from July 18, 2006 to July 19, 2013 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the payment date between the parties concerned.

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

(b) The victim is not subject to punishment after the indictment of this case.

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

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