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(영문) 서울서부지방법원 2015.11.18 2015고단1918
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the defendant who is a representative of the Ccafeteria in Yongsan-gu and the first floor in Yongsan-gu, Seoul and runs a restaurant business with four full time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 1,225,00 from August 26, 2014 to November 27, 2014 at the above workplace and did not pay KRW 1,225,00 on November 27, 2014 within 14 days from the date of retirement, which is the date of the cause of payment, without agreement on extension of the due date between the parties concerned.

2. Crimes of non-compliance with judgment: Rejection of public prosecution for the accused after instituting a public prosecution under Article 109 (2) of the Labor Standards Act: Subparagraph 6 of Article 327 of the Criminal Procedure Act.

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