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(영문) 수원지방법원 성남지원 2019.09.03 2019고정575

근로기준법위반

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Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs a construction business using two full-time workers as a manager of Company B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant is working as a head of a house in the private house C at the time of the original state executed by the above company.

A retired worker D’s wage of 580,000 won on October 2017, 201, the total of 1,220,000 won on November 4, 2017, and the total of 1,020,000 won on October 22, 2017, and 6,000 won on November 201, 207, and 1,680,000 won on November 4, 2017, were not paid respectively within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The key issue is the crime of non-compliance with the intention of the victims, and since the victims expressed their intent not to have their punishment against the defendant after the prosecution, each of the prosecutions of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.