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(영문) 부산지방법원 동부지원 2014.08.21 2014고정973
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a business owner who is the C representative in Busan Shipping Daegu B and has run clothing wholesale and retail business using two regular workers and is an employer.

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, the Defendant had worked from June 27, 2012 to July 31, 2013 at the above workplace, and had not paid KRW 3,269,020 as well as KRW 2,269,020 as well as retirement pay for July 2013 as well as KRW 3,269,020 as well as retirement pay for July 20, 2013.

2. Grounds for dismissing the public prosecution; and

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

(c) Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act.

1. Defendant's legal statement;

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