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(영문) 서울북부지방법원 2021.03.11 2020고정1049
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business with four full-time workers while residing in subparagraph B of Seoul Special Metropolitan City, Nowon-gu Branch C.

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, at the site of Seongdong-gu Seoul Metropolitan Government D Construction, worked from November 19, 2019 to December 16, 2019, and retired from office, did not pay KRW 4,830,000 in total, including KRW 2,30,000 in November 19, 2019, and KRW 4,830,00 in December 2019, and KRW 9,400,000 in total, for four retired workers, within 14 days from the date of retirement without agreement on the extension of payment date between the parties, as shown in the list of crimes in the attached Form.

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. Each worker is not subject to punishment after prosecution.

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

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