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(영문) 의정부지방법원 2019.08.14 2019고단2701

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the agricultural partnership C in the third floor of the building in the Guluri City, who ordinarily employs one worker and operates an agricultural and related service business.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the suspect did not pay 2,400,000 won in total, including D's wage of 400,000,000 won in February 2, 2018, monthly wage of 1,500,000 won in March, and April payment of 50,000 won in April, within 14 days from the date of retirement without agreement on extension between the parties.

2. Determination

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

B. After the prosecution of this case, the employee D was not subject to punishment.

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