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(영문) 창원지방법원 마산지원 2014.02.11 2013고정777
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a business owner who operates food service business by employing three regular workers as the representative of Changwon-si Masan City Member C located in Changwon-si B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 is working as a ice in the above workplace from September 15, 201 to February 7, 2013.

The retirement D’s wages of KRW 5,420,00,000, including the wages of KRW 1,300,000 on January 2, 2013, were not paid respectively within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working as a ice in the above workplace from September 15, 201 to February 7, 2013.

The retirement allowance of D, including 891,950 won in arrears, did not pay 4,215,350 won in total for three employees within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without any agreement on extension of the due date.

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. The victims shall not be punished after the prosecution of the case.

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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