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(영문) 창원지방법원 2020.07.22 2020고단1652
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the president of the CMedical Foundation D, which is a medical corporation in Kimhae-si, who ordinarily employs 78 workers and operates health business.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, from August 8, 2016 to February 28, 2018, the Defendant is working as a caregiver at the above hospital.

A retired E’s overtime allowance of KRW 11,59,250 and retirement allowance of KRW 12,887,90 in total, and KRW 12,887,90 in total, were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, as shown in the attached list of crimes, and did not pay KRW 164,626,50 in total, as stated in the attached list of crimes, within 14 days from the date of retirement of each employee, without any agreement on extension of the due date between the parties concerned.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On June 16, 2020 after the prosecution of this case, all injured workers expressed their intention not to punish the Defendant.

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

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