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(영문) 수원지방법원 안산지원 2019.06.14 2019고정269
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who runs a construction business using 23 full-time workers while residing in Ansan-si B and C.

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

Nevertheless, the Defendant worked from April 19, 2018 to May 11, 2018, and retired D’s wages of KRW 1.4 million, as shown in the list of crimes in the attached Table, did not pay each of the wages of KRW 14.8 million to 23 workers within 14 days from the date on which the cause for the payment occurred, without any agreement on extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and

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

C. According to the written agreement of May 1, 2019, which was submitted after the instant indictment, D, representing workers, withdraws his/her wish to punish the Defendant.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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