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(영문) 수원지방법원 2016.06.22 2016고단2121
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant, as a manager of C office in E in Eslified City B, has run a lodging business using one full-time worker.

When a worker dies or retires, an employer shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, except where the date is extended by an agreement between the parties concerned, in extenuating circumstances.

Nevertheless, the Defendant did not pay the sum of KRW 1,50,00 per month from July 14, 2012 to December 31, 2015 to D of retired workers who worked as cleaning workers from the above workplace without any agreement between the parties on the extension of the payment deadline, within 14 days from the date of retirement in which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

Judgment

(a) Relevant 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) Indication of the victim's non-existence of punishment: April 11, 2016.

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

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