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(영문) 서울서부지방법원 2015.04.09 2015고단432
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Criminal facts are running a restaurant with five full-time workers as representatives of Mapo-gu Seoul Metropolitan Government C.

When a worker retires from office, barring any special circumstances, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the foregoing workplace from April 4, 2014 to June 18, 2014, did not pay KRW 1,065,300 to retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

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) Declaration of non-existence of punishment: The withdrawal of a petition filed on March 23, 2015, which was subsequent to 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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