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(영문) 대구지방법원 상주지원 2015.02.03 2014고정212
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant facts charged is the actual representative of “E” located in Tongcheon-si from June 2013 to the actual representative of “E”, and the Defendant is the employer who, from August 2013, performed construction works in the area of new construction works located in Gyeongcheon-gun F, Chungcheongnam-gun, Gyeongcheon-gun, with 15 full-time workers employed to perform construction works directly.

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

Nevertheless, the Defendant did not pay 19,685,00 won for total wages of 14 workers within 14 days from the date of the occurrence of the cause for such payment, as stated in the attached Form, such as G’s work from November 20, 2013 to December 5, 2013, and the total wages of 1,280,000 won for December 20, 2013, as stated in the attached Table, in the above workplace, without any agreement on extension of the due date between the parties.

2. One set of the board is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the written withdrawal of each complaint filed in the trial records, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act, since the victim’s O on January 8, 2015; the victim’s P on January 12, 2015; the victim’s P on January 14, 2015; the victim’s Q, R, R, S, and T on January 30, 2015.

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