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(영문) 창원지방법원 마산지원 2019.04.26 2019고단44
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the actual representative of C in Changwon-si, Changwon-si, who ordinarily employs 10 workers and operates gold production business.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, 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.

Nevertheless, the Defendant did not pay KRW 13,633,320 and retirement allowances of KRW 44,372,319 as wages on March 4, 2003 through June 30, 2018, as well as KRW 14,372,319 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 91,738,360, and the total amount of KRW 189,463,120, and the total amount of KRW 13 retirement allowances of 10 workers, as stated in the detailed statement of the money and valuables in arrears by an individual in arrears, within 14 days from the date of retirement without agreement between the parties

Article 327 subparag. 6 of the Criminal Procedure Act, Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, stating that the victims do not want to be punished by the defendant.

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