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(영문) 수원지방법원 성남지원 2018.06.28 2018고정477
근로기준법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is the representative of C in Gwangju City, who runs a construction business with three full-time workers at the construction site of the new construction site of the Gu-U.S.D.

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.

Nevertheless, the defendant employed from May 24, 2016 to February 3, 2017 at the same place of business and retired from the above place of business and did not pay the total of KRW 1,000,000 for the monthly wage of October 2, 2016, and KRW 7,000,000 for the monthly wage of December, and KRW 3,000 for the above place of business and KRW 3,00,000 for the retirement wage of December, and KRW 3,00 for the above place of business to February 16, 206 to February 3, 2017; and did not pay KRW 1,38,00 for the month wage of October 2, 20, KRW 250 for the wages of October 2,00, KRW 00 for the retirement of 0,00 for 30,00 for the retirement of 136,06,00 for each party’s retirement from office, respectively.

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. On June 8, 2018, after the prosecution of this case, the withdrawal of each complaint and a written agreement are submitted by the workers who expressed their intent not to punish the Defendant.

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

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