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(영문) 인천지방법원 부천지원 2015.08.28 2015고단1438
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who runs a construction business with nine full-time workers at a new construction site of Dacheon-gu, Busan Metropolitan City.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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.

Nevertheless, the Defendant, at the above workplace from September 22, 2014 to December 1, 2014, did not pay the total of KRW 14,280,000 to the six workers as well as KRW 4,00,00,00 of wages of retired workers C, as well as the details of the money and valuables in arrears in attached Form, within 14,280,000, respectively, within 14 days from the date of retirement without agreement between the parties on the extension

2. Determination

(a) Crimes of non-compliance with an intention (Article 109(2) of the Labor Standards Act);

B. On August 20, 2015, after the institution of the instant indictment, the expression of intent not to punish workers D, E, F, C, and G, and the expression of intent not to punish workers H on August 24, 2015

(c) Grounds for judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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