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(영문) 대구지방법원 경주지원 2015.07.08 2014고정241
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a full-time employee who is the representative director of D, which promoted the new construction of C in Gyeongbuk-si, Gyeongbuk-si, and conducted real estate development business.

When a worker dies or 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 is working from March 24, 2013 to September 15, 2013.

On September 16, 2013, E’s retirement from the said place of business on August 2013, 2013, including KRW 1,950,000,000 in total, and KRW 1,950,000 in September 2012, and KRW 6,225,000 in total, were not paid for 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. Each of the facts charged in the judgment above is a crime of non-compliance with will. The above workers' indictment of this case was made on February 11, 2015 and the same year after the prosecution of this case.

4. 8. 8. The submission of a written agreement to the effect that the defendant withdraws his/her wish to punish the defendant is apparent in the records, and the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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