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(영문) 대구지방법원 2017.04.21 2016고정1726
근로기준법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is an operator of 2nd floor D Co., Ltd. of the building in Daegu-gu, Seogu, who ordinarily employs 7 workers and conducts machinery facility construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from December 1, 2015 to January 26, 2016, the Defendant did not pay KRW 1,550,000 in January 201 of 2016 to workers G who worked as snow-free workers at the site of the Daegu E high school and the F high school toilet repair work located in the said workplace, and did not pay KRW 4,770,000 in total for three workers within 14 days from the date on which the cause for payment occurred, as indicated in the list of crimes in the attached Table, without any agreement between the parties on the extension of the payment date.

2. Determination

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

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

C. In the case, after the prosecution of this case, workers G and H expressed their intent not to punish each defendant as a witness in this court, and workers G and H expressed their intent not to punish the defendant separately.

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

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