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(영문) 창원지방법원 2017.06.08 2017고정297
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is a real representative of (ju)D in Kimhae-si, who ordinarily employs two workers and operates a construction business.

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 served in the above workplace as an accounting officer from December 16, 2015 to June 24, 2016, and did not pay KRW 1,066,666 of E’s wages in June 2016 within 14 days from the date on which the cause for such payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Relevant criminal facts: 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. On May 26, 2017, after the institution of the instant indictment, a written agreement containing an intent that an injured employee does not want to be punished by the Defendant is submitted.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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