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(영문) 의정부지방법원 2018.09.14 2018고단2867
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative of Yongsan-gu Seoul Metropolitan Government B D, 1404 (State), who ordinarily employs two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the total of KRW 1,380,000 to retired workers, including KRW 380,000,000, who worked at the D Housing Corporation site in Yangju-si from June 12, 2017 to June 16, 2017, and KRW 1,380,000, who worked from June 15, 2017 to June 16, 2017, even though there was no agreement between the parties on the extension of the payment date, within 14 days from each retirement date.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

B. After the prosecution of this case, the complaint withdrawal statement stating the employee F's intention not to punish the employee F and the employee E's expression of intention not to punish the employee E is submitted.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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