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(영문) 인천지방법원 부천지원 2018.11.28 2018고단2824
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a user who runs a wood craft manufacturing business using three full-time workers as the representative of C in Kimpo-si, Kimpo-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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.

Nevertheless, the Defendant did not pay KRW 1,200,000 in total amount of wages, including KRW 2,800,000 on May 2, 2018, 2018, and KRW 4,000,000 in the wage of KRW 2,80,000 on June 2, 2018, as well as KRW 70,000 in the wage balance from April 1, 2018 to June 22, 2018 of a retired worker E, including KRW 1,890,00 in total of wages of KRW 2,590,00 in the wage of KRW 1,890,00 in the wage of June 6, 2018, to a retired worker E without agreement between the parties concerned.

2. Applicable to the facts charged for judgment: Article 109(1) and Article 36 of the Labor Standards Act: A judgment dismissing a public prosecution for non-prosecution of the punishment of workers after the institution of public prosecution under Article 109(2) of the Labor Standards Act: Article 327 subparag. 6 of the Criminal Procedure Act

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