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(영문) 창원지방법원 밀양지원 2017.09.19 2017고정90
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who was engaged in the manufacturing business of steel structures with five full-time workers, who was a manager of the office C located in Gyeong-gun, Gyeongnam-gun, and was employed by the Defendant.

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 payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 6,480,00 for four workers within 14 days from the date of retirement, as well as wage 2,350,000, such as wages of KRW 1,230,00 in July 2016, which was retired from the said company, from July 1, 2016 to August 20, 2016, and wage of KRW 1,120,00 in August 2016.

2. Article 327 Subparag. 6 of the Criminal Procedure Act, Article 109(2) of the Labor Standards Act (not to punish victims after the institution of this case)

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