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(영문) 광주지방법원 순천지원 2019.01.10 2018고단1523
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

The defendant in a factory room is an individual constructor who employs six full-time workers and constructs steel reinforced concrete works during the net-time B works.

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.

The Defendant had worked from November 7, 2017 to March 9, 2018 at the same workplace and had retired workers C’s wages of KRW 1,120,000 in February 2018 and did not pay the total of KRW 11,865,000 to six workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as shown in the attached list of crimes.

However, each of the facts charged in this case cannot be prosecuted against the victim's express intent (Article 109 (2) of the Labor Standards Act). Since each of the documents containing the victims' expression of no punishment against the defendant is submitted to this court as of December 18, 2018, the indictment in this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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