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(영문) 부산지방법원 2015.07.16 2015고정2180
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the C Company in Gangseo-gu Busan Metropolitan City, is an employer who runs a family heading manufacturing business using three full-time workers.

When a worker retires, the employer shall pay the wages, compensations, and all other money and 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, at the above workplace from September 1, 2007 to September 15, 2014, did not pay the amount of KRW 3,570,00 of the wages of August 8, 2014 of D retired, as wages of KRW 1,076,250, retirement allowances, KRW 8,71,655 of September 9, 2014, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

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) Expression of intention not to punish: Agreement submitted on July 15, 2015, which was after the institution of public prosecution of this case.

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

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