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(영문) 의정부지방법원 2017.04.28 2016고단5471
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant, as the representative of the branch of the branch of the Gyeonggi-gu branch of the Seoul Metropolitan Government, who runs a construction business with 85 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, employed by the Defendant, did not pay KRW 22,240,000 for the total amount of seven workers’ wages within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment deadline, as shown in the list of crimes in the attached Table, including the Defendant’s failure to pay KRW 560,000 in March 18, 2016 to the work site for remodeling a restaurant E-cafeteria located in the Gyeonggi-si, Gyeonggi-si, and worked from January 18, 2016 to March 4, 2016.

1. Applicable legal provisions: Articles 109 (1) and 36 of the Labor Standards Act;

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

3. Declaration of non-existence of punishment: The victims shall indicate their non-existence of punishment after the prosecution is instituted.

4. Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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