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(영문) 서울동부지방법원 2020.11.30 2019고단4076
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual entrepreneur who performs construction works for neighborhood life B in Gangdong-gu Seoul Metropolitan Government and runs a construction business by employing 13 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, at the above workplace from May 25, 2019 to June 25, 2019, did not pay the total of KRW 46,755,000 for 13 daily workers as shown in the attached crime list, such as the wages of KRW 5,250,00 for daily workers C, who were employed in the above workplace and retired from office, within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties concerned.

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. The workers expressed their intention not to punish after the prosecution of the instant case was instituted.

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

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