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(영문) 서울남부지방법원 2018.12.12 2018고단4002
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who performs house repair works using 20 workers in Gangnam-gu Seoul Metropolitan Government BGra and 20 workers at the construction site.

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

Nevertheless, the Defendant did not pay a total of KRW 3 million for each wage of KRW 1 million on December 14, 2016 to December 19, 2016, respectively, of KRW 3 million at the above construction site, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

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. After the instant indictment, workers C, D, and E expressed their intent not to have the Defendant punished (the withdrawal of the Defendant’s complaint on May 18, 2018, the agreement dated November 17, 2018, and the monetary report on December 11, 2018)

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

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