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(영문) 수원지방법원 안산지원 2019.08.09 2019고단2456
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the C convalescent Hospital in the City interesting City B, is an employer who ordinarily employs 30 workers and operates a convalescent hospital.

Where a worker retires, he/she shall pay the wages or retirement allowances within 14 days after the cause for such payment occurred.

The Defendant worked in the foregoing workplace from February 1, 2019 to April 30, 2019 and retired from the workplace, and did not pay KRW 4,200,000,000 as wages of the D on March 3, 2019 and April 4, 2019 within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the attached list of crimes, and did not pay KRW 129,537,401, total wages of 31 workers retired from the above workplace from November 1, 2018 to May 1, 2019, without agreement between the parties to the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

C. The defendant's intent not to be punished is expressed after the prosecution of this case is instituted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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