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(영문) 부산지방법원 2021.01.08 2020고단438 (1)

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

The Defendant is an employer who runs the construction business under the trade name “C” located in Busan-gu, Busan-gu, and did not pay the F’s wage of KRW 4,195,00 from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Form, including the fact that the Defendant did not pay KRW 13,915,000, total amount of wages of five workers, within 14 days from the date of retirement without the agreement on the extension of the payment date between the parties, at the site of construction of new housing located in the Nam-gu, Busan-gu, Busan-gu, from May 9, 2016 to May 29, 2016.

2. Determination

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

(b) Workers shall indicate their intention not to punish after prosecution;

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