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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단3006
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the actual representative of the Category C (State) located in Scheon-si, who runs a construction business with two regular workers.

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.

The Defendant worked in the new site of Pakistan from September 19, 2014 to October 28, 2014, and did not pay 3.5 million won of the retired E’s wages on September 9, 2014, and 3.5 million won of the wages on October 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Judgment

The crime of non-compliance with the intent of an employee: the dismissal of a public prosecution by the employee after the prosecution of this case under Article 109(2) of the Labor Standards Act is made: Article 327 subparag. 6 of the Criminal Procedure Act

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