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(영문) 서울남부지방법원 2018.06.25 2018고단1474
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the Guro-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., run an engineering service business with two full-time workers.

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.

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

Nevertheless, the Defendant employed the said workplace from November 1, 2015 to October 31, 2016 and did not pay the total of KRW 124,80,470,950 in total as wages of December 2015, 2015, KRW 2,669,230 in wages of December 2, 2015, KRW 2,669,230 in January 2, 2016, KRW 2,69,230 in wages of February 2, 2016, and KRW 2,669,230 in March 2, 2016, and other money and valuables (income refund) of KRW 124,80 in total, KRW 13,470,950 in total, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

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. According to the written withdrawal of complaint submitted by the defendant, the employee D withdraws his/her wish to punish the defendant.

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

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