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(영문) 대구지방법원 2017.12.15 2017고정1626
근로기준법위반
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Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is an employer as a business operator in charge of real estate development business who ordinarily employs one worker in the trade name of the Daegu Dong-gu B and 2-gu, Daegu-gu, and the Dispute Resolution Co., Ltd.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 of KRW 13,680,000 to workers E, who worked on December 11, 2015 at the Daegu Dong-gu model D model, within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, including KRW 65,00,00 for workers E, who were employed on December 11, 2015.

2. Determination

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

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

C. The expression of non-existence of punishment: The employee E, a representative of the said petition, submitted a written application of "the withdrawal of a petition (the withdrawal of a complaint)" prepared by 22 workers E, a representative of the said petition (the head of the withdrawal of a complaint) after the prosecution of the instant case, and the employee E, a representative of the said petition, submitted a written application of "the withdrawal of a petition (the withdrawal of a complaint)" on December 13, 2017, after the closure of the pleadings of the instant case. However, the aforementioned written statement of "the withdrawal of a petition (the withdrawal of a complaint)" was already prepared and submitted, and the expression of non-

As seen, no further withdrawal may be made (see Supreme Court Decision 2001Do4283, Dec. 14, 2001, etc.). D.

Each judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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