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(영문) 의정부지방법원 2019.09.09 2019고단2771

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C in Nam-si, Namyang-si, who operates the manufacturing industry with one full-time employee.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 Defendant did not pay 18,375,926 won with the thickness of two wages within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date for payment, as stated in the attached crime notification sheet, including the amount of KRW 2,00,000 on September 1, 2017, 200, and the amount of KRW 1,60,000 on October 2017, 2017, and the amount of KRW 2,00,000 on November 1, 2017.

2. Determination

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

B. After the prosecution of this case, each of the applications for punishment D and E was submitted.

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