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대구지방법원 안동지원 2016.05.27 2016고정86
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. An employer shall, if a worker dies or retires, pay his/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, as the representative of C Co., Ltd., located in B at the time of permanent residence in North Korea, did not pay KRW 3,677,419, including the total amount of KRW 1,500,000 for the portion of August 14, 2015 of retired workers D, and the amount of KRW 1,50,000 for the portion of September 1, 2015 of the same year, and KRW 677,419 for the portion of October 10 of the same year without agreement between the parties to the extension of the payment date.

2. Determination

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

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

C. Expression of intention not to punish: March 21, 2016, which was after the institution of public prosecution.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act