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(영문) 서울중앙지방법원 2021.01.20 2020고정2269
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an individual constructor who, at the Gangnam-gu Seoul Metropolitan Government construction site, used 7 daily workers in charge of interior works.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from June 5, 2019 to June 12, 2019 at the above interior work site, and had not paid the total of KRW 16,280,000 from the date of retirement to 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned, as shown in the attached Form to the seven retired workers, including KRW 880,000 of the daily wage of June 2019 as well as KRW 880,000 for the retired workers.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. Since the facts can be acknowledged that the victimized employee expressed his/her intent not to be punished against the Defendant after the instant indictment was instituted, all of the instant indictments are dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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