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(영문) 대구지방법원 경주지원 2017.11.29 2017고단305
근로기준법위반
Text

Each public prosecution of this case is dismissed.

Reasons

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

Nevertheless, the Defendant is an employer who employs 15 full-time workers from B to C with the trade name of the company, and operates the manufacturing company, and the Defendant did not pay 23,580,000 won of total wages of 11 workers within 14 days from the date of retirement, as shown in the list of crimes in attached Table, such as the total sum of D wages of KRW 3,300,000, which was retired from September 28, 2016 at the above workplace.

[2017 high group 372] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is an employer who employs 15 full-time workers from B to C with the trade name of the company, and operates the manufacturing company, and the Defendant did not pay the total of KRW 1,727,500,000,000, which was retired on December 20, 2016, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Judgment

Applicable Law: Dismissal of a public prosecution on the following grounds: Article 109(1) and Article 36 of the Labor Standards Act: The crime of non-violation of will: (a) after the prosecution of the instant case is instituted under Article 109(2) of the Labor Standards Act; (b) the submission of a written agreement in the name of each damaged worker on October 24, 2017; and (c) November 27, 2017: Subparagraph 6 of Article 327 of the Criminal Procedure Act:

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