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(영문) 인천지방법원 부천지원 2017.08.09 2017고단1137
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged in the instant case [2017 senior group 1137] The Defendant is an employer who runs a household manufacturing business with five full-time workers as the actual management owner of E located in Kimpo-si D (ju) Kimpo-si.

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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from October 4, 2016 to October 22, 2016 at the same workplace and had retired from the said workplace, and had not paid 15,415,775 won in total, including five retired workers’ wages and annual unused leave allowances, as shown in the list of crimes in the attached Table, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment date.

[2017 Highest 1247] The Defendant is an employer who runs a furniture manufacturing business using 13 full-time workers as a (ju) business owner in Kimpo-si D.

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 date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant, at the immediately preceding place of business around May 31, 2016, worked from February 15, 2016 to May 16, 2016, and was retired from Korea, paid KRW 1,213,33,33,30,300, respectively, of the monthly wage of February 2, 2016, and KRW 6,879,305,05, including the monthly wage of KRW 2,50,00,00, and the monthly wage of May 665,972, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. Determination

A. Legal provisions applicable to facts charged: Articles 109(1) and 36 of the Labor Standards Act

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

C. After the institution of public prosecution, the victims expressed their intention not to punish: August 4, 2017.

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