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(영문) 대전지방법원 2019.10.17 2019고정155
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of Daejeon-gu Daejeon-gu Category C (ju), is an employer who runs a construction business with four regular workers.

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

The Defendant did not pay KRW 2,240,00,00 in total of the wages of H, working for the same period from March 27, 2018 to April 11, 2018, and KRW 900,000 in wages of H, working for the same period from April 2, 2018 to April 11, 2018, respectively, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment.

2. Determination

(a) Applicable provisions of Acts: 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. It expresses the intent that the workers indicated in the facts charged do not want the punishment of the defendant after the prosecution of this case.

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

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