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(영문) 춘천지방법원 영월지원 2018.11.20 2018고정74
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged [criminal records] On June 8, 2018, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution on June 16, 2018, and the judgment became final and conclusive on June 16, 2018.

[Criminal facts] The Defendant is an employer who employs not less than three full-time workers as a representative of Co., Ltd., Ltd., which are set forth in the former B and 8 223 during Gyeyang-si.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 15,717,890 in total, including wages of KRW 7,717,890 from January 2017 to February 2 of the same year, and wages of KRW 14 days from January 2017 to February 2 of the same year, as wages of KRW 7,717,890 from January 2017 to February of the same year, without agreement between the parties to the extension of the payment date.

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. After the instant indictment, the employee F and G expressed their intention not to have the Defendant punished.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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