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(영문) 서울남부지방법원 2019.11.22 2019고단4410
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a private constructor who resides in Yangcheon-gu Seoul Metropolitan Government building B and subparagraph C, and is an employer who does electrical construction with five full-time workers.

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

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

Nevertheless, the Defendant worked in Seo-gu, Seoul Special Metropolitan City, Seo-gu from January 3, 2019 to January 18, 2019, and did not pay 1,460,000 won of the retired F, January 1, 2019, as wages of 1,040,000 won for the same period of work, and 2,50,000,000 won for the total amount of wages of 2,00,000 workers and more than 2,00,000 workers for the period of payment, without an agreement between the parties on the extension of the due date for payment.

2. Determination

(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;

B. On August 29, 2019, August 29, 2019, the date of the instant indictment, indicating that the victimized workers were not subject to punishment.

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

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