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(영문) 대구지방법원 경주지원 2017.10.12 2017고단637
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. An employer shall, if a worker dies or retires, pay his/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant is an employer who employs two full-time workers in Samsung-si and operates an agricultural company D on July 19, 2016. The Defendant did not pay the total of KRW 1,340,560 on May 19, 2016 of retired workers E, wage of KRW 506,780 on June 1, 2016, wage of KRW 2,556,840 on July 7, 2016, wage of KRW 709,50 on KRW 330,00 on May 11, 2017, wage of KRW 330,000 on December 11, 2017, wage of KRW 1,012,00,00 on January 1, 201, wage of KRW 75,000 on February 75, 200, wage of KRW 1,340,50 on June 16, 2017; and

2. Determination

A. Legal provisions applicable to facts charged: Articles 109(1) and 36 of the Labor Standards Act

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

C. After the prosecution of the instant case, the victims expressed their intention to punish the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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