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(영문) 창원지방법원 2013.07.31 2013고단1455
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant is an employer of C as a person in charge of business management of a stock company that conducts business manufacturing business using seven full-time workers at the window B of Changwon-si.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 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, who entered the above workplace on December 11, 200 and served as a person in charge of supply business until July 15, 2012.

A retired D’s bonus of KRW 6,796,90, annual leave of absence, KRW 1,426,525, total amount of money and valuables of KRW 8,223,425, without any agreement on the extension of the due date for payment between the parties concerned, was not paid respectively within 14 days from the date of retirement, which is the date on which the cause for payment occurred

2. 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 if special circumstances exist.

Nevertheless, the Defendant, who entered the above workplace on December 11, 200 and served as a person in charge of supply business until July 15, 2012.

The retirement allowance of 13,298,144 won was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

Judgment

It is so decided as per Disposition for the reason that there is an expression of intention not to punish retirement workers D(Article 327 subparagraph 6 of the Criminal Procedure Act).

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