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(영문) 창원지방법원 2015.05.13 2015고정288
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative director of the (ju)C in Kimhae-si, who runs the mechanical parts manufacturing business using three regular workers.

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 worked from June 28, 2008 to June 25, 2014 at the same place of business and retired from the said place of business without having reached an agreement on the aggregate of KRW 1,301,720 in the wage balance for May 2014, KRW 2,199,950 in retirement pay, KRW 15,892,040 in the wage balance for June 2, 2014, KRW 450 in the year-end settlement refund for 2013, KRW 19,84,445 in arrears, and KRW 19,70 in the same place of business and KRW 19,84,445 in the amount of delayed payment, KRW 64,10 in the amount of wages for May 15, 2014, KRW 208, KRW 80 in the amount of wages for retirement allowance for 15,80 in the year-end settlement, KRW 365,2016 in each place of business.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the express will of the victims. According to the records, it can be acknowledged that the victims have withdrawn their wish to punish the defendant on April 29, 2015, after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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