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(영문) 대전지방법원 2015.03.19 2014고정1982

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is an individual constructor who has an address in the Seo-gu in the Daejeon War, with three full-time workers working in the Seo-gu, Seo-gu, the Defendant is an employer who has performed D Rotterdam Corporation in the Dae-gu, Seo-gu, the F cafeteria E in the Dae-gu, the Dae-gu, and the Gu Office Park in the Dae-dong, the Dae-gu.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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.

The Defendant did not pay 560,000 won, which was part of the H (Nam, 58 years of age)’s wage in December 24, 2013, working from December 4, 2013 to the above construction site, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Reasons for dismissing public prosecution

(a) Crimes of non-compliance with will (Article 109(2) of the Labor Standards Act);

B. Withdrawal of workers’ wish to punish after the indictment of this case

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