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(영문) 전주지방법원남원지원 2020.08.11 2020고단139
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual manager of C, a stock company located in Jeon Chang-gun, Jeon Chang-gun, North Korea, who is running the manufacture, sale, etc., of the Hebbable water purifier by using five full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant worked from September 3, 2018 to November 29, 2019 at the above workplace and did not pay KRW 1,449,380 of D's wages on May 5, 2019 within 14 days from the date on which the cause for the payment occurred without an agreement on extension of the due date between the parties, and did not pay KRW 46,278,870 of the total wages of three workers within 14 days from the date on which the cause for the payment occurred, as shown in attached Table 1 of the List of Crimes.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 2,802,739 of D’s retirement pay from September 3, 2018 to November 29, 2019 at the above workplace without agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, and did not pay KRW 13,193,971 in total for three employees, as shown in attached Table 2, within 14 days from the date of the occurrence of the cause for payment, without agreement on the extension of the due date between the parties.

2. Determination - Dismissal of prosecution No. 1-A of the facts charged

The violation of the Labor Standards Act under Article 109(1) and Article 36 of the Labor Standards Act is a crime that falls under Article 109(1) and Article 109(2) of the same Act and is against the victim’s explicit intent.

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