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(영문) 수원지방법원 2019.09.26 2019고단247
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant, as the actual representative C in the case of Osan, is an employer who constructs a new house using 11 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 46,430,00 won of wages of 11 workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment date, as shown in the attached list of crimes, as well as D’s wage of 3,600,000 won in August 22, 2018, which worked from July 23, 2018 to August 22, 2018.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 16270, Jan. 15, 2019);

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. After the prosecution of this case, a written agreement that contains the victims' expression of non-existence of punishment is submitted.

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

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