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(영문) 인천지방법원 부천지원 2015.07.10 2015고단1471
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant, as the representative of the Nowon-gu Seoul Special Metropolitan City B (A Superintendent of the Office of Education), who runs a service (election support business) business with four regular workers.

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.

Nevertheless, the Defendant did not pay KRW 3,510,00 in total, including KRW 810,000 for May, 22, 2014 to June 4, 2014, and KRW 3,510,000 for six months, and KRW 360,00 for six months, respectively, within 14 days from the date on which the cause for payment occurred without an agreement on the extension of the due date between the parties concerned.

2. Determination

A. The crime of non-compliance is:

(Article 109(2) of the Labor Standards Act).

After the prosecution of this case, on May 26, 2015, workers D, E, and F expressed their intention not to be punished.

C. Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act).

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