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(영문) 서울서부지방법원 2015.08.20 2015고단1682
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of Yongsan-gu Seoul Metropolitan Government (State), who is a representative director of Yongsan-gu, who ordinarily employs four workers and operates a sub-management business.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from October 13, 2014 to November 15, 2014 at the above workplace.

D's wages of 1,532,250 won in October 2014, and the monthly wage of 1,250,000 won in November, 201, did not pay KRW 2,782,250 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the date of 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) Expression of intention not to punish: Agreement submitted on May 28, 2015, which was after the institution of public prosecution of this case.

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

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