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(영문) 수원지방법원 2020.09.01 2020고단2326

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. 공소사실 피고인은 전북 완주군 B, 3층에 있는 주식회사 C의 대표이사로서 상시근로자 3명을 사용하여 토목건축공사업 등을 경영하는 사용자이다.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, from May 1, 2019 to August 30, 2019, worked as an employee of civil engineering works at the construction site of the building in the Yongsan-si District and retired from office on May 5, 2019, did not pay the total amount of 58,038,910 won in arrears for five retired workers within 14 days from the date of retirement, as described in the attached crime list, as shown in the attached crime list.

2. Determination

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

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. After the prosecution of this case, the victims' petition for non-prosecution was submitted.

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