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(영문) 창원지방법원 2017.04.20 2017고정256
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is the representative director of the (ju)C in Kimhae-si, who ordinarily employs eight workers and operates a manufacturing business (industrial machinery) as a person in charge of business operation.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay three workers’ wages and retirement allowances in total, 30,272,415 won, including the total amount of wage of 5,270,640, retirement allowance of 3,012,479, and 8,283,119, including the total amount of wage of 717,90 won in May 2016 of 2016, the total amount of wage of 2,582,090 won in June wage of 2, 2016, and wage of 1,970,560 won in July wage of 7, 2016, as well as 8,283,119, including the amount of money and valuables in arrears in the attached Form.

2. Determination

(a) Relevant criminal facts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On April 20, 2017, after the institution of the instant indictment, a written agreement containing the intent that the victimized workers do not want the Defendant’s punishment. D.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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