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(영문) 부산지방법원 동부지원 2013.12.18 2013고정1317
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the user of the Seoul Dongdaemun-gu Seoul Dongdaemun-gu Construction Bank Co., Ltd., which operates a specialized construction business with 20 full-time workers having the main place of business.

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.

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

1. The Defendant is, from November 3, 2009 to May 1, 2012, the wages of 887,130 won, which were worked as the field manager at the reconstruction site of Busan Shipping Daegu D apartment, Busan, and the wages of Y as wages of 70 million won on July 2, 2012 to November 30, 2012, G who worked as the site manager at the construction site of Busan, the wages of 70 million won on September 2, 2012; 2,70,000 won on October 2, 200; 2,70,000 won on November 1, 200; 30,00 won on May 11, 2012 to November 20, 2012; 30,600 won on June 6, 306, 960, 700 won on May 36, 2015; 40.

2. The Defendant did not pay KRW 6,232,870 of the retirement allowances of E working as the field manager from November 3, 2009 to May 13, 2012 at the reconstruction site of Busan Shipping Daegu D apartment in Busan, without agreement between the parties to the payment, within 14 days from the date of occurrence of the cause for payment.

2. Since workers expressed their intent not to be punished against the Defendant after the institution of the public prosecution for determination, the instant public prosecution is dismissed in accordance with Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 327 subparag. 6 of the Criminal Procedure Act

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