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(영문) 인천지방법원 2019.08.09 2019고단280
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Seo-gu Incheon, Seo-gu and C, is an employer who engages in the interior business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from May 3, 2017 to July 22, 2017, the Defendant provided labor to the retired worker E at the newly-built housing site and did not pay the total of KRW 10,559,000 for the unpaid wages of 15 retired workers as shown in the attached crime list, as shown in the attached crime list, within 14 days from each retirement date, without any agreement on the extension of the payment date between the parties concerned.

2. The crime of non-compliance with judgment: A judgment dismissing a public prosecution submitted to this court on June 10, 2019 and August 7, 2019, which is the date of the instant public prosecution, stating that workers under the proviso to Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act do not want punishment of the defendant: Article 327 subparag. 6 of the Criminal Procedure Act.

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