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(영문) 서울동부지방법원 2018.01.11 2017고정1702
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual constructor who is employed by four full-time workers at the construction site of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City B lending expansion.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW C’s wage of KRW 1,120,000 from March 20, 2017 to May 9, 2017 at the above construction site within 14 days from each retirement date without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable legal provisions: 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. Declaration of intent by C that the employee C does not want to be punished against the Defendant ( December 11, 2017)

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

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