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(영문) 전주지방법원 2020.06.10 2018고정467
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a real representative of “C” on the 5th floor in the Full-time Busan-gu B and the 5th century, is an employer who runs a restaurant by using two full-time workers.

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

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

Nevertheless, the Defendant worked from August 8, 2016 to September 19, 2017 and retired from office D’s wages of KRW 260,00 on July 7, 2017, and KRW 2,580,000 on August 8, 2017, and KRW 1,110,000 on September 20, 2017, and KRW 3,950,000 on September 5, 2016, and retired from office until August 29, 2017, did not pay KRW 1,790,00 on July 1, 207, and KRW 2,570,000 on August 2, 2017 to KRW 4,360,00 on the date on which the cause for the payment occurred between the parties concerned without agreement on the extension of the due 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. After the prosecution of this case, a written agreement including the expression of intention to not punish D and E is submitted.

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

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