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(영문) 창원지방법원 마산지원 2015.09.15 2015고정332
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory office is the user, who is a representative director of the Dispute Resolution Co., Ltd. in the Changwon-si, Changwon-si, and operates the iron manufacturing business using eight full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and when the worker retires, the employer shall pay the retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 4,830,230, part of retirement allowances, KRW 4,728,420, and KRW 420 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, for the year 2013, which had worked as a supply engineer from January 5, 2010 to February 28, 2015 at the same place of business.

The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the above worker can be acknowledged as having withdrawn the victim's wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed under Article 327 subparag. 6 of

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