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(영문) 광주지방법원 2016.11.29 2016고단3426
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is an employer who has run a building business using nine full-time workers as a real manager of the company located in Gwangju Northern-gu C.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant served as a daily worker on August 8, 2015 through October 26, 2015 in three sites, such as Gwangju Mine District E, and served as a daily worker from August 2015 to October 26, 2015, and did not pay KRW 2,100,000 for the monthly wage of August 2015, and KRW 300,400,000 for the monthly wage of October 2015, and served as a daily worker for the same period, and did not pay KRW 2,10,000 for the monthly wage of August 2015, 2015, and KRW 300,000 for the monthly wage of October 20, 200, without agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Expression of intention not to punish: Submission of a written agreement containing an expression of intention not to punish F and G after the institution of this case.

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

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