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(영문) 창원지방법원 밀양지원 2017.06.27 2016고단293
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of the (ju) Do Officetel 203, who is an employer who employs workers at the construction site of the E-type E-type multi-family housing and operates the construction design and supervision business.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, etc. within 14 days after the cause for such payment occurred, unless there exists any agreement between the parties on extension of the due date for payment.

Nevertheless, the Defendant did not pay the F’s monthly wage of 2,775,775 won from November 12, 201 to November 27, 2015, and the monthly wage of 2,790,101 to October 2015, and the monthly wage of 16,926,280 won and retirement allowance of 9,826,2926,292 won and annual paid leave allowances of 3,423,076 won, transportation expenses of 6,74,290 won, total of 36,919,938 won from the date of retirement within 14 days from the date of retirement.

2. 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 (the victim’s penalty is not available after the instant indictment)

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