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(영문) 부산지방법원 동부지원 2014.07.24 2014고정828
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant is a business owner who carries out service business using one full-time worker under the trade name, namely, C Office, Co., Ltd., Ltd. 601.

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

Nevertheless, the Defendant had worked as a supervisor from December 19, 201 to September 20, 2012 at the foregoing workplace and had not paid the total amount of KRW 20,397,840 of D wages within 14 days from the date of retirement without an extension agreement between the parties on the date of payment.

2. Grounds for dismissing the public prosecution; and

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the respective Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

(c) Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Withdrawal of a wishing to punish workers);

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