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(영문) 대전지방법원천안지원 2020.10.16 2019고정65
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an individual constructor as defined in the Seo-gu Northern Building C, Seodaemun-gu, and runs a construction business using four full-time workers.

When a worker 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 worked from July 4, 2018 to July 16, 2018 at the Sung-gu, Sungnam-gu and one other (hereinafter “instant construction site”) at the construction site at the construction site at the above business site, and did not pay KRW 5,030,000,000 for the total wages of four workers as shown in the annexed crime list, including KRW 1,50,000,000, as well as KRW 5,030,000, as in the annexed crime list, within 14 days from each retirement date, without agreement between the parties on the extension of the payment date.

2. The indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victimized workers expressed their wish not to punish the Defendant after the prosecution was instituted.

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