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(영문) 울산지방법원 2020.11.26 2020고단2459
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who, without a trade name or business registration certificate, ordinarily employs three workers and operates a solar power plant manufacturing business in C and E located in Ulsan-gun D, Ulsan-gun, Ulsan-gun.

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

Nevertheless, the Defendant, on April 9, 2019 to May 7, 2019, worked as an adjoining service at the above site, did not pay KRW 2,420,000, which is the aggregate of the wages of FF (F, Vietnam nationality) retired from office within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. Determination:

A. Articles 109(1), 43(1), and 46(1) of the Labor Standards Act apply mutatis mutandis to each of the facts charged in this case

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

(c) An expression of workers not to be punished after prosecution;

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

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