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(영문) 서울남부지방법원 2020.03.18 2019고정1621
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as an individual entrepreneur in the head of Geumcheon-gu Seoul Metropolitan Government building B, is a user who engages in a molding business at the new site of private house in Gwanak-gu Seoul Special Metropolitan City, using 15 regular employees.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, but the defendant, despite of the fact that he/she has paid the wages, compensations, and other money and valuables at the workplace above, from April 10,

7. The retirement worker’s total wage of KRW 13,854,00,00 for May 24, 2018 and retired E, including KRW 1,44,00 for each party’s wages, KRW 3,570,00 for June 2018, and KRW 840,00 for July 2018, as indicated in the separate crime list, did not pay KRW 13,854,00 for each party’s wages within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

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) Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act;

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