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(영문) 창원지방법원 마산지원 2016.10.19 2016고단871
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant in the facts charged of this case is the representative director of Changwon-si, Changwon-si, Co., Ltd., Ltd., which ordinarily employs 46 workers and operates cooling and equipment manufacturing business. A. The Defendant is an employer.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant, who entered the same workplace as a business director around November 12, 2012, did not pay 1,650,000 won out of the wages of March 1, 2016, 4 million won in April 2016, 4.1 million won in the wages of April 2016, 4.1 million won in the wages of May 2016, and 4.375 million won in the wages of June 2016 between the parties concerned without agreement on the extension of the due date between the parties.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 did not pay KRW 2,003,841,000,000,000,000,000,000,000,000,000,000,000,000,000

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, victims D are now victims D.

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