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(영문) 창원지방법원 밀양지원 2017.09.19 2017고단389
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who ordinarily employs 32 workers at a 32 representative director of Da, who was in the Gyeong-gun, Gyeong-gun, and was in the manufacturing industry of public machinery.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages and other money or valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date for payment;

Nevertheless, the Defendant did not pay the total of KRW 138,459,694 from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, including the fact that the Defendant did not pay KRW 2,300,00 of the worker E’s paid leave bonus 2,30,000 from November 1, 200 to April 30, 2017 as the production department in the above workplace.

(b) An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, unless the parties have agreed to extend the payment deadline;

Nevertheless, the Defendant did not pay the total of KRW 205,512,523 of the retirement allowances of the retirement worker E employed by the production department from November 1, 200 to April 30, 2017 at the above workplace, as well as KRW 8,867,182 of the retirement allowances of the employee E employed by the production department, as well as KRW 205,512,523 of the retirement allowances of each individual in arrears, such as the previous statement (2) of the money and valuables in arrears by each individual.

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 victims’ penalty after the institution of the instant case was not available)

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