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(영문) 대구지방법원 경주지원 2017.08.31 2017고정116

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who actually operates Co., Ltd., Ltd. D at the time of racing.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from February 20, 2016 to February 20, failed to pay KRW 218,40,00 of the annual paid leave allowances for 1,676,700 of the worker F, and the annual paid leave allowances for 1,117,200 of the worker F, and the annual paid leave allowances for 1,17,200 of the worker F, who retired while working in the said company until January 27, 2016, until February 20, 2016, for 397,800, and for 397,800,000 of the worker G, who retired while serving in the said company until February 20, 2016, respectively, within 14 days from the date of retirement.

2. Determination

A. Legal provisions applicable to facts charged: Articles 109(1) and 36 of the Labor Standards Act

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

C. After the prosecution of the instant case, the victims expressed their intention to punish the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act