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(영문) 전주지방법원 군산지원 2016.11.09 2016고단1026
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of the Seoul Gunsan City B and 1026, is an employer who conducts electronic commerce business using three full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 is working from December 2, 2015 to July 7, 2016.

A retired D’s wage of 600,000 won in May 2016, wage of 1,200,000 won in June, 80,000 won in July, 1,880,000 won in total, and 1,80,000 won in July, and working from December 29, 2015 to April 25, 2016.

The retirement E's total wage of KRW 2,280,000, including wage of KRW 400,000 in April 2016, was not paid respectively within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Determination

A. Provisions of applicable provisions to charges: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. On September 27, 2016, after the institution of public prosecution, an expression of intent not to punish workers D on October 29, 2016

(d) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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