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(영문) 의정부지방법원 2018.04.20 2018고단1042

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C in Gyeonggi-si, Gyeonggi-si, and a full-time employee who runs a building business by using one person.

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

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

Defendant did not pay KRW 400,000,000,000 as wages in October 2, 2017 and KRW 2.4 million in November 2, 2017 between the parties without any agreement between the parties on the extension of the payment deadline, which is the date on which the cause for payment occurred, from October 2, 2017 to November 23, 2017.

2. Determination

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

(b) The relevant employee shall express his/her intention not to punish him/her after prosecution;

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