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(영문) 창원지방법원 2017.04.21 2017고정127
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a business owner who runs a building management business using four full-time workers under the trade name of Seongbuk-gu, Sungwon-si, Sungwon-si and C.

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 6,757,394 won in total, including 563,30 won in June 1, 2016, retirement allowances, 6,194,064 won, which was retired from the said workplace as a business manager from March 1, 1995 to June 13, 2016, within 14 days from the date on which the cause for the occurrence of the payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the above D submitted a letter of revocation of the complaint stating that “the complaint is revoked because it was agreed with the Defendant solely with the Defendant.” Thus, the indictment of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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