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(영문) 창원지방법원 마산지원 2017.03.10 2016고단1245
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative director of D in Changwon-si Co., Ltd. in Changwon-si Co., Ltd. and the 13 full-time workers in charge of operating a luminous siren manufacturing business, who is an employer.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant employed the above workplace as the head of July 1, 2013 and worked on September 21, 2016 of the retired worker E on September 21, 2016, as well as 113,431,832 of the total wages of 13 workers of the above workplace as well as 2,66,667 won in September 2016, as stated in the statement on the details of personal delayed payment, the defendant did not pay 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment between the parties, without agreement on the extension of the payment period.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

Nevertheless, the Defendant did not pay the total amount of KRW 60,62,910 of the seven employees of the above workplace as well as KRW 13,195,084 of the retirement allowance E of the employee E who retired from the above workplace as above at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment without the agreement between the parties on the extension of the payment period.

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. On March 8, 2017, after the indictment of this case, submission of a withdrawal of complaint stating that all workers do not want punishment against the defendant.

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

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