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(영문) 인천지방법원 부천지원 2018.04.16 2017고단3058
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual architect who resides in Bupyeong-si C or 501 and who runs a building business with three full-time workers.

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.

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

Nevertheless, the Defendant did not pay KRW 4,575,00,00, in total, as wages of KRW 675,000, as wages of February 20, 2016, as wages of KRW 525,000, wages of March 2, 2016, and KRW 2,550,000, as wages of April 675, 206, wages of KRW 825,00,00 on June 20, 2016, as wages of KRW 4,575,00, as wages of KRW 825,00,00, without agreement on the extension of the payment date between the parties concerned, within 14 days after the cause for payment occurred.

2. Applicable to the facts charged for judgment: Article 109(1) and Article 36 of the Labor Standards Act: Judgment dismissing a public prosecution of non-prosecution of an employee after an indictment is instituted pursuant to Article 109(2) of the Labor Standards Act: Article 327 subparag. 6 of the Criminal Procedure Act.

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