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(영문) 의정부지방법원 2018.01.19 2017고단28

근로기준법위반

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All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged is that the Defendant is a personal constructor who resides in F of the considerable area of the Chungcheongbuk-gu, the Gyeonggi-gu G and H-I new construction site in the Gyeonggi-do.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the total of KRW 2,645,00,000, including the amount of KRW 1,955,000 in May 5, 2016 and the amount of KRW 690,00 in June 2016, which was worked at the above workplace from May 5, 2016 to June 3, 2016 at the above workplace, within 14 days from the date of each retirement, even though there was no agreement on the extension of the payment date between the parties, even though there was no agreement on the extension of the payment date between the parties.

Defendant 2 is a personal constructor who resides in the territory of the Cheongju-si and the Gyeonggi-gu G, and the I new construction site in H, who works in the area of the 2017 Highest 551.

When a worker retires, an employer shall pay wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay KRW 150,750,00 in total amount of wages of 16 workers listed in the attached Table 2 of the crime committed at the above workplace, including KRW 5,625,00 in April 2016, and KRW 6,525,00 in May 2016, and KRW 15,525,00 in June 3, 2016, and KRW 15,525,00 in total amount of wages of 16 workers listed in the attached Table 2 of the crime committed, even though there was no agreement on the extension of payment date between the respective parties, within 14 days from each retirement date.

Reasons for dismissing public prosecution

1. Applicable legal provisions: Articles 109 (1) and 36 of the Labor Standards Act;

2. Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

3. Declaration of intention not to punish a person: May 31, 2017.