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(영문) 수원지방법원 성남지원 2018.10.24 2017고단3492
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of Seongbuk-gu Seoul Special Metropolitan City Building C, Sung-gu, Seoul Special Metropolitan City Co., Ltd., and an employer who runs a manufacturing business by employing four full-time workers.

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 KRW 20,416,66 of E’s wages at the above workplace from November 16, 2016 to March 12, 2017 within 14 days after retirement, and did not pay KRW 63,718,242 of the total wages of four workers within 14 days from the date of each retirement, which is the date on which the cause for payment occurred, without an agreement on extension of payment deadline between the parties concerned, as shown in the list of crimes in the attached Table.

2. Determination and conclusion

(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. On October 19, 2018, after the prosecution of the instant case, the “written agreement” presented to this court that workers expressed their intent not to want the punishment of the Defendant.

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

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