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(영문) 대전지방법원 2016.12.16 2016고정1247
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative in the Dong-dong, is an employer who runs a sports service business by employing one full-time worker, who is a representative in the Dong-dong, Dong-dong.

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

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

Nevertheless, the Defendant did not pay KRW 1 million in January 2016, which was employed as a driver from July 1, 2015 to January 31, 2016 at the said workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination

(a) Provisions of applicable provisions to charges: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

(c) Declaration of intention of not to punish workers after the institution of public prosecution: The written agreement dated November 21, 2016;

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

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