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(영문) 서울북부지방법원 2019.10.02 2019고단1237
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a representative of building B in Seoul, building B in the second underground floor, and building C in the above workplace from May 1, 2016 to July 29, 2018.

In August 2018, wages of KRW 2,338,708 were not paid to retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the due date for payment between the parties concerned, and the amount of KRW 1,407,763 during the above period of employment was not paid within 14 days from the date of retirement, which is the date of occurrence of the cause for payment

2. The facts charged can not be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the victim expressed his/her intention not to be punished after the victim’s indictment, the prosecution is dismissed.

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