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(영문) 대구지방법원 김천지원 2016.07.01 2015고정623
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant, as the representative of Daegu Suwon-gu C (State) D, runs a construction business by employing ten full time workers.

The Defendant, from July 31, 2014 to January 12, 2015, did not pay the total of KRW 4,774,193 as wages, including KRW 2 million in November 2014, wage of KRW 2 million in December 2014, wage of KRW 774,193 in December 201, and wage of KRW 774,193 in January 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

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

B. Submission of an application for coal (including indication of non-existence of punishment) on June 30, 2016, which was after the instant indictment was instituted.

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

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