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(영문) 창원지방법원 통영지원 2016.11.23 2016고단1506
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is an employer who runs a manufacturing business with the trade name of 10 full-time workers from Gyeongsung-gun to Gyeongsung-gun. A.

When an employee in violation of the Labor Standards Act dies or retires, the employer shall be paid wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but Defendant 8 from November 8, 2012 to June 30, 2016.

A retired worker D’s total sum of 12,229,99 won in arrears, including 3,250,000 won in June 2016, was not paid within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

B. Where an employee in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer is obliged to pay the retirement allowance within 14 days from the date on which the ground for such payment occurred, but the Defendant is obliged to work as a satisfied person from April 1, 201 to June 30, 2016.

The retirement allowance of retired workers E, including 14,087,939 won, did not pay 102,917,269 won in total, including 14,000 won, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Grounds for dismissing the public prosecution; and

(a) Crimes of non-compliance: Article 109(2) of each Labor Standards Act, proviso to Article 44 of each Act on Guarantee of Workers' Retirement Benefits;

B. Each indication of non-guilty of the victimized workers following the institution of the instant prosecution

(c) Subparagraph 6 of Article 327 of the Criminal Procedure Act: Rejection of prosecution; and

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