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(영문) 서울북부지방법원 2018.09.18 2018고단2446
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative of the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the 15th floor C Co., Ltd., who was engaged in trade business using three full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the Gangnam-gu Seoul Metropolitan Government D from April 02 to June 01, 2017, and did not pay KRW 1,900,000 in total wages of KRW 1,900,000 in April 2017, 2017, KRW 3,800,000 in total wages of KRW 1,90,000 in May 2017, and KRW 3,800,000 in the same site and KRW 2,40,000 in April 30, 2017 to April 30, 2017, and did not pay KRW 2,40,00 in total wages of KRW 2,40,00 in April 2, 200, KRW 2,400 in May 2, 2017, KRW 700 in total, and KRW 10,00 in each of the parties’ wages within 00,000 in total.

2. The facts charged for the determination of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the employee’s express will under Article 109(2) of the Labor Standards Act.

According to the records, since EF expressed its intention not to have the defendant punished after the prosecution of this case, each indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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