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(영문) 서울서부지방법원 2018.12.12 2018고정992
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the actual representative of the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., is a business operator who runs a management business using one full-time worker.

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

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 8,00,000,000, the total amount of wages of KRW 2,000,000 in July 2016, 2016, the wage of KRW 2,000,000 in August 2016, and the wage of KRW 2,00,000,00 in September 2016, and the wage of KRW 2,00,000 in October 2016, without an agreement on the extension of the payment period between the parties to the said workplace.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

(c) Judgment dismissing a public prosecution: Article 327 Subparag. 6 of the Criminal Procedure Act (it is confirmed on December 12, 2018, the date the public prosecution of this case was instituted).

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