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(영문) 광주지방법원 순천지원 2019.05.29 2018고정487
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

Punishment of the crime

The Defendant is the actual representative of the Co., Ltd., located in Jeonnnam-do B, who runs a construction business using two full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 the total amount of KRW 22,90,000 from May 24, 2018 to June 16, 2018 at the D comprehensive maintenance business site and did not pay KRW 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, as shown in the attached crime list (1), including KRW 1,620,00,000, which was retired from office, as well as KRW 1,620,000 on June 6, 2018.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. According to each description of the withdrawal of a complaint on December 31, 2018, which was submitted after the instant indictment was filed, ten workers were withdrawn from the wishing to punish the Defendant.

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

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