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(영문) 인천지방법원 2019.08.29 2019고단3491

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business by employing one full-time worker at the office of “C” located in Bupyeong-gu Incheon Metropolitan Government B.

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.

Nevertheless, from November 1, 201 to December 1, 2017, the Defendant provided labor to the said workplace and did not pay KRW 3,651,000 of the wages of 3,651,000 to 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, and as stated in the details of the attached money and valuables in arrears, the Defendant did not pay KRW 57,361,000 for 16 employees within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties.

2. Judgment dismissing victims' express intent not to punish victims after institution of public prosecution (Article 109(2) of the Labor Standards Act) against non-compliance with the judgment (Article 327 subparag. 6 of the Criminal Procedure Act);