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(영문) 서울남부지방법원 2016.09.07 2016고정1056
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Yeongdeungpo-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., is an employer who runs a service business using two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant is working from September 1, 2014 to September 30, 2015 at the above workplace.

The retired D's wages of KRW 9,500,000 have not been paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Reasons for dismissing the public prosecution, Article 109(1) and (2), and Article 36 of the Labor Standards Act, Article 327 subparagraph 6 of the Criminal Procedure Act (Article 327 subparagraph 6 of the same Act)

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