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(영문) 대구지방법원 경주지원 2016.02.18 2015고단62
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Facts charged [2015 Highest 62] The Defendant is the representative of (ju) Jung-gu, Daegu-gu) C, who employs 30 full-time workers within the building of Sejong-si and operates a public performance business.

Defendant 1 did not pay KRW 1,30,000,000 to E’s wages of a retired worker on August 18, 2014 at the above workplace within 14 days from the date of retirement, which is the day of payment, without agreement between the parties to the labor contract on the extension of the payment deadline.

In addition, the defendant from the above day to the same year

8. Until December 25, 25, a total of 36,575,033 workers’ wages did not be paid in the same manner, as shown in the list of offenses in the attached sheet.

[2015 Highest 99] The Defendant is the representative of the Daegu Jung-gu Seoul Central District Court (State)C, who employs 30 full-time workers within the D Building, and operates a public performance business.

Defendant did not pay 1.3 million won wages from July 15, 2014 to August 17, 2014 of FF retired on August 18, 2014 within 14 days from the date of retirement, which is the date of payment, without agreement between the parties to the labor contract, regarding the extension of the payment period.

[2015 Highest 135] The Defendant is the representative of the (State)C located in Daegu Jung-gu, and is the employer who employs 30 full-time workers within the D Building in Sejong-si and operates a public performance business.

Defendant 1 did not pay KRW 1.5 million from July 17, 2014 to August 24, 2014 of G retired on August 25, 2014 within 14 days from the date of retirement, which is the date of payment, without agreement between the parties to the labor contract, regarding the extension of the payment period.

2. Each of the facts charged of the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the entire employees indicated in the facts charged are punished against the Defendant by mutual consent with the Defendant after the instant indictment was instituted.

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