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(영문) 서울중앙지방법원 2020.06.17 2020고단3122

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a multi-party representative of the building No. B and a user who runs a construction business (theme) using workers whenever necessary.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 is working on September 27, 2017 at the site of E-Removal in Gangnam-gu Seoul Metropolitan Government D and fourth floors.

In September 2017, F's wage of 150,000 won was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. Determination

(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. There is an expression of workers not to be punished after prosecution.

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