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(영문) 수원지방법원 평택지원 2017.07.07 2017고정123
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the C representative in Pyeongtaek-si B, who runs transportation business using one full-time worker.

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 had worked from February 1, 2016 to September 7, 2016 at the same place of business, and had not paid KRW 2,810,930,00 as the total of KRW 2,810,930 as of August 8, 2016 of the retired workers D, and KRW 2,810,930 as of September 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. Determination

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

B. On February 24, 2017, after the indictment of this case, the injured worker expressed his/her intention not to be punished against the Defendant.

Dismissal of public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparagraph 6 of the Criminal Procedure Act or more.

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