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(영문) 서울중앙지방법원 2019.09.20 2019고단3731
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as an employer who operates C in the 13th floor of Gangnam-gu Seoul Metropolitan Government building B, worked in the above workplace from September 11, 2018 to November 14, 2018, and did not pay 56,25,100 won in total of five workers’ wages, as shown in the attached list of crimes, including KRW 9,556,030, as indicated in the attached list of crimes, within 14 days from the date of each retirement, without any agreement between the respective parties on the extension of the payment date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. On September 20, 2019, each worker’s application for no punishment was submitted after the institution of public prosecution.

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

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