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(영문) 광주지방법원목포지원 2020.08.07 2019고단1106
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual construction business operator, who ordinarily employs six workers at the site of repair works of multi-household exterior walls in Yong-gun, Yong-Namnam. B.

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.

Nevertheless, the Defendant had worked from May 9, 2019 to May 22, 2019, and had retired workers C’ wage of KRW 1,200,000 on May 22, 2019 and did not pay KRW 7,600,000 in total for six workers within 14 days from the date of each retirement, as shown in the attached crime list.

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 July 31, 2020, after the indictment of this case, a written agreement stating the intention of not to punish the defendant of victimized workers was submitted.

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

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