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(영문) 대구지방법원 포항지원 2017.06.23 2017고정228
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative in South-gu B’s territory at port, is an employer who runs food business using two full-time 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 842,230 on July 7, 2016, wages of KRW 842,230, wage of August 8, 2016, KRW 496,770 on August 2016, and Gohap 1,340,000 on the date of retirement without an agreement between the parties on the extension of the payment period between the parties.

2. Applicable to the facts charged for judgment: The judgment dismissing the victim's non-prosecution of indictment after the prosecution of Article 109 (2) of the Labor Standards Act (Article 327 subparagraph 6 of the Criminal Procedure Act).

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