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(영문) 대전지방법원천안지원 2020.08.11 2020고정18
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 director of the Co., Ltd. in Seoan-gu, Seoan-gu, Seoan-gu, Busan Metropolitan Government Delecommunication Corporation, and is an employer who runs a construction business with seven full-time workers at the site

When a worker dies or retires, the defendant shall pay the wages, compensations, and all 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 above defendant is employed by the above defendant and is on duty as a Capital and a public service position from November 5, 2018 to February 21, 2019.

In January 2019, 7,714,288 won in arrears, including the wage of 4,500,000 won in January 2019, was not paid within 14 days from the date of retirement without an extension agreement between the parties concerned.

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. Submission of an application for non-prosecution of punishment on August 5, 2020, which was after the institution of public prosecution.

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

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