beta
(영문) 인천지방법원 부천지원 2018.06.28 2017고단3021

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative in Mapo-gu Seoul Metropolitan Government, is an employer who runs a construction business with eight full-time workers.

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

Nevertheless, the defendant employed from October 31, 2016 to March 14, 2017 at the same place of business and retired from the above place of business and did not pay the total of two retired workers including KRW 1,570,000,000 on January 1, 2017, and KRW 1,700,000 on February 2, 2017, and KRW 1,200,000 on March 3, 2017, and KRW 4,470,00 on December 17, 2016 to December 20, 2016, including KRW 6,40,000 on December 1, 2016, as well as KRW 1,930,00 on December 20, 2016, within 14 days without agreement between the parties to the payment.

2. Provisions applicable to facts charged in judgment: Article 109 and Article 36 of the Labor Standards Act: Judgment dismissing a public prosecution against a worker's non-guilty will after the prosecution under Article 109 (2) of the Labor Standards Act: Article 327 subparagraph 6 of the Criminal Procedure Act.