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(영문) 서울동부지방법원 2019.01.23 2018고정1324
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the actual representative of the KCAC in the first underground floor of Gangdong-gu Seoul Metropolitan Government (in the case of entrusted operation in the KCAD from July 28, 2017), who ordinarily employs 25 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 works in the above workplace from March 10, 2017 to September 7, 2017.

Retired E’s work for 640,00 won of June 2017, and from January 17, 2017 to August 6, 2017

In June 2017, 2,740,000 won in total, including 2,740,000 won in wages of 2,10,000, were 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) Applicable provisions of Acts: 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. After the prosecution of this case, each of the above workers' applications for punishment was submitted.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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