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(영문) 인천지방법원 2018.12.06 2018고단5812
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is a person who actually operates the "F" of the household installation work company in the Nam-gu Incheon Metropolitan City E and 401, and is a full-time worker who runs a construction business by using 20 full-time workers.

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

Nevertheless, the Defendant provided labor from April 10, 201 to May 10, 2017 at the site of the new construction of an officetel located in Gangseo-si, Gangnam-si, and paid KRW 33,336,000 to 12 workers including the above H, respectively, within 14 days from the date of each retirement without any agreement on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Table.

Maz.

1. Applicable legal provisions: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);

2. Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

3. Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (a result of sentencing as a result of the examination of sentencing, which verified the intention of the workers who were not to be punished on November 23, 2018, after the prosecution of this case).

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