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(영문) 의정부지방법원 2020.11.18 2020고단2552

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates manufacturing and wholesale business as a real owner of C in Speaker-si B.

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

Nevertheless, the Defendant did not pay the total amount of KRW 240,000 to workers D, who worked from December 5, 2019 to December 6, 2019 at the above workplace, within 14 days from the date of occurrence of each cause for the payment, without agreement between the parties on the extension of the due date.

2. Determination

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

B. After the prosecution of this case, the employee D was not subject to punishment.

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