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(영문) 의정부지방법원 2018.09.21 2018고단2567
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the CC located in Nam-si, Namyang-si, the Defendant is an employer who runs the nitro manufacturing business using 30 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the total amount of KRW 15,058,600 for six workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date, as shown in the attached Form, such as D’s wage of KRW 2,343,600 in May 2017, and wage of KRW 90,00 in June, 2017, which had been worked at the above workplace from October 1, 2015 to June 10, 2017.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

B. After the prosecution of the instant case, a statement of withdrawal of the petition containing each worker’s expression of non-original intent to punish is submitted.

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

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