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(영문) 부산지방법원 2015.08.13 2015고단3034
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual manager of D Co., Ltd. D with the fourth floor of Busan metropolitan building C, who is an employer as a person in charge of door-to-door sales who ordinarily employs nine 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 if special circumstances exist.

Nevertheless, the Defendant, at around May 2014, worked as an instructor from November 1, 2013 to April 30, 2014, and retired from the said workplace, did not pay two workers, including the sum of KRW 508,145 in March 2014, including KRW 573,80 in April 5, 2014, and KRW 1,081,945 in March 2014; KRW 632,835 in March 2014; KRW 1,865,435 in April 1, 206; and KRW 2,947,380 in total, within 14 days in March 2014 without agreement between the parties on extension of the payment date.

2. A crime of non-compliance with judgment: A judgment dismissing a public prosecution which submitted the “Withdrawal of complaint and written agreement” by the E and F on March 27, 2015, which was after the prosecution of this case under Article 109(2) of the Labor Standards Act: Article 327 subparag. 6 of the Criminal Procedure Act

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