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(영문) 광주지방법원목포지원 2020.11.17 2020고단561

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

The defendant in the factory room is the representative of the limited company "C" in Yong-Namnam Cancer B, who ordinarily employs 40 workers and operates the ship manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant is working from June 4, 2019 to December 31, 2019 at the above workplace.

D's total wages of 117,486,500 won including wages of 2,650,000 on November 201, 2019, did not pay 117,486,500 won within 14 days from each retirement date without an agreement on the extension of the due date between the parties, as shown in the list of crimes committed in the attached Table.

Maz.

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

C. On May 13, 2020, after the institution of the instant public prosecution, a document stating the employee’s intention not to punish was submitted.

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