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(영문) 서울북부지방법원 2019.03.19 2018고단5433

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a “C” representative in Jung-gu Seoul Metropolitan Government, who runs a salary-counting business.

The Defendant shall work at the same workplace from August 16, 2016 to September 13, 2016, and from September 23, 2017 to September 30, 2017.

D's retirement of August 2016 wage of 2.78,00 won, wage of 1.2 million won in September 2016, and work in the relevant workplace from September 21, 2017 to December 30, 2017.

On December 2, 2017, two of the above workers, including wage of 3.240,000 won, were not paid respectively within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-compliance with an intention: Articles 109(2) and 36 of the Labor Standards Act;

B. Each agreement on January 18, 2019 stating that workers D or E does not want to be punished by the Defendant was submitted to this court.

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