beta
(영문) 의정부지방법원 2018.01.16 2017고단1716

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of (ju) D in Seo-gu, Incheon, Seo-gu and 1, who runs a construction business with 100 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant, employed by the Defendant, and worked from January 7, 2016 to October 31, 2016 at the work site in Gyeonggi-gun E, and did not pay KRW 1,600,000 to workers G in September 2016 within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment deadline.

2. Determination

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

B. After the prosecution of this case, a written withdrawal of a complaint stating the victim's non-explosion of punishment is submitted (a witness H's testimony can be acknowledged that a written withdrawal of a complaint submitted can be acknowledged as a written withdrawal of a complaint prepared by the victim)

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