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(영문) 부산지방법원 서부지원 2018.12.12 2018고정961

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual entrepreneur with the domicile Nos. B and 402, who ordinarily employs three workers without a certain trade name and engages in construction business.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and 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.

Nevertheless, the Defendant did not pay the amount of KRW 1,00,000 in October 2017, 201, which was worked for Paton on October 23, 2017 from October 26, 2017 to October 26, 2017 at the site of individual housing repair in Busan Seo-gu, Busan, within 14 days from the date on which the cause for the occurrence of the payment occurred, without an agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable legal provisions: 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. Non-prosecution of punishment: On December 3, 2018, after the institution of the instant indictment, the withdrawal of complaints on which the victim’s intent not to punish is expressed, and written agreements are submitted.

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