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(영문) 인천지방법원 부천지원 2019.02.28 2018고정837
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual management owner of C in Kimpo-si, Kimpo-si, who operates a camping site using a daily worker.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 26,015,00 won, including D’s wage of 3,300,000 on April 1, 2016 to June 2, 2016, as well as 26,015,000 won in the attached list of crimes, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. Provisions of applicable provisions to the facts charged in judgment: Article 109(1) and Article 36 of the Labor Standards Act: Judgment dismissing workers' expression of intention not to prosecute after the prosecution under Article 109(2) of the Labor Standards Act: Article 327 subparag. 6 of the Criminal Procedure Act.

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