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(영문) 대전지방법원 천안지원 2014.10.23 2014고정647
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the E (main representative) representative in the population D at the permissible time, who ordinarily employs 20 workers and operates the construction business. If a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred: Provided, That in special circumstances, even if the due date may be extended by mutual agreement between the parties concerned, the defendant did not pay the amount of H’s wages 1,40,000 in October 1, 2013 and the total of 5,40,000,000 won in October 30 from the date when the defendant worked as the site manager from August 17, 2013 to November 30 of the same year, 2013 at the construction site of the G Acheon-si Factory in which the defendant performed the construction site manager.

2. The case in which a public prosecution for judgment has been instituted (Article 327 subparag. 3 of the Criminal Procedure Act) falls under the case in which a declaration of intent to punish has been withdrawn (Article 327 subparag. 6 of the Criminal Procedure Act).

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