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(영문) 수원지방법원 성남지원 2017.08.17 2017고정573
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of C in the Hanam-si, is an employer who employs three full-time workers and engages in door-to-door business.

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 1,093,330 won of D’s wage in April 10, 2016, which was worked from March 10, 2016 to April 11, 2016 at the above workplace, within 14 days from the date of retirement without any hub on the extension of the payment period between the parties.

2. Determination

(a) Crimes of non-violation of an intention: Articles 109(1), 109(2), and 36 of the Labor Standards Act;

B. On August 4, 2017, the indictment of this case, submitted a written agreement to the effect that the injured person does not wish to punish the accused.

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

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