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(영문) 수원지방법원 성남지원 2019.10.31 2019고정611
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an individual constructor residing in subparagraphs B and C of the facts charged and a user who constructs a house with three regular workers at the new site of individual house B at the time of sub-party B and 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 failed to pay the sum of the KRW 4,387,00,00 in total of KRW 1,500,000 in November 2017, 2017, and KRW 4,387,096 in August 2017, which had worked as the site manager from August 24, 2017 to November 20, 2017, KRW 1,50,000 in September 2017, and KRW 1,50,500 in October 2017, and KRW 4,387,096 in November 24, 2017, without an agreement on the extension of the payment date between the parties.

The error in the facts charged was corrected ex officio.

2. Provisions of applicable provisions to the facts charged: Judgment dismissing an application for non-prosecution of punishment for workers after a prosecution is instituted under Article 109 (2) of the Labor Standards Act (Article 327 subparagraph 6 of the Criminal Procedure Act).

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