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(영문) 수원지방법원 성남지원 2019.04.30 2018고단2863
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person running C in Gwangju City.

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.

Nevertheless, the Defendant did not pay the total amount of 21,259,980 won of the six workers as indicated in the separate crime list, including the total amount of 2,733,30 won on April 4, 2014 of workers D, who worked in the said workplace from around February 10, 2014 to May 20, 2014, and the wage of 73,330 won on May 20, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. The instant case is a crime of non-competence, and the victims expressed their intent not to seek punishment against the Defendant on April 15, 2019, which was after the prosecution was instituted, the instant case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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