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(영문) 전주지방법원 2020.06.23 2019고단1839
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the actual manager of a limited liability company C with the fourth floor of the 4th floor of the front city B in the front city, the Defendant is an employer who runs a construction business with 20 full-time workers at the construction site of the main office Doll apartment in the front city of the front city in the front city.

The Defendant had worked from October 17, 2018 to December 2, 2018 at the construction site and from October 17, 2018, and had retired E’s total wages of KRW 5,250,000,000 from October 2, 2018 to December 2, 2018 (attached Form), as stated in the statement of overdue wages, did not pay the total wages of KRW 5,818,00,000 to 14 days from the date of retirement, without any agreement between the parties on extension of the payment date.

The Defendant, as a manager of a limited liability company C with the fourth floor in the 4th floor in the Seoul Metropolitan City, Jeonju-si, is an employer who runs a construction business with 20 full-time workers at the construction site of the construction site of the main office of the Dtel in the Seoul Metropolitan City.

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, at the above construction site from March 21, 2018 to December 12, 2018 and retired from office, did not pay five retired workers including 960,000 won for December 2018, G, wages of 720,000 won for December 2018, wages of H, 720,000 won for December 2018, and I’s wages of 720,000 won for December 2018, and 960,000,000 won for December 2018, within 14 days from each retirement date without agreement between the parties on the extension of payment period.

2. Determination

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

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

C. Each agreement dated April 28, 2020, May 22, 2020, and May 27, 2020 (including by lawful delegation)

(d) Public prosecution;

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