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(영문) 서울동부지방법원 2018.11.13 2018고정849
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the representative director of Seongdong-gu Seoul Metropolitan Government C, who runs laundry business using 15 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay two workers, including 1,636,00 won in total, including 1,740,000 won in April 1, 2017 to 20 January 2018, 2017, and 736,000 won in January 2018, and 1,636,000 won in the wage lawsuit at the same workplace and from November 10, 2016 to April 30, 2017, who retired from the same workplace, within 14 days from the date of retirement without an agreement between the parties on 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. The number of employees D and E who were not subject to punishment is submitted on October 16, 2018.

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

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