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(영문) 서울북부지방법원 2016.11.07 2016고정1946
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who runs restaurant business using six regular workers under the trade name of Dongdaemun-gu Seoul Metropolitan Government “C”.

When an employee 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, but the accused, despite the fact that he/she has been working at the workplace above, from April 15, 2016 to May 16, 2016.

Wages of retired workers D were not paid KRW 116,129 within 14 days from the date of the above retirement.

2. Article 327 subparagraph 6 of the Criminal Procedure Act, Article 109 (2) and (1) of the Labor Standards Act (an indication of non-existence of punishment on September 28, 2016, which is after the institution of public prosecution);

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