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(영문) 수원지방법원 성남지원 2019.01.22 2018고단2404
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the prosecution against the arrears of wages is instituted.

Reasons

Punishment of the crime

The suspect is the representative of the company in Gwangju City, who employs 30 full-time workers and operates manufacturing wholesale and retail business.

When an employer enters into a labor contract, he/she shall clearly state wages, contractual working hours, etc. for the worker, and deliver a written document specifying matters, such as the constituent items, calculation methods, etc. of wages

Nevertheless, on April 2, 2018, the suspect did not prepare a written employment contract with D who entered the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

1. A fine not exceeding 200,000 won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. The portion of dismissing the prosecution under Article 59(1) of the Criminal Act (i.e., confession, reflectiveness, and the fact that only one time fine has been imposed);

1. The suspect is the representative of the Bank of Korea in Gwangju City, who employs 30 full-time workers and engages in manufacturing wholesale and retail business.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the suspect from April 2, 2018 to the same year.

5.3. D’s wage of KRW 2.5 million until April 2018 was not paid within 14 days from the date of retirement without agreement between the parties concerned about the extension of the due date.

2. The judgment of this part of the facts charged is a case in which a prosecution cannot be instituted against the clearly expressed will of the victim. According to the records, it is reasonable to view that the victim withdraws his/her wish to punish the defendant by submitting a written withdrawal of the complaint. Thus, this part of the indictment is dismissed in accordance with Article 327

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