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(영문) 대구지방법원 포항지원 2018.05.30 2018고정137
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as an individual entrepreneur in Busan Shipping Daegu B and 106 dong 1806, is an employer who performed a new construction work of mobile-type housing located in Chungcheongnam-gun, Ulsan-gun, Busan-do, by 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 the total of KRW 6,50,000 as of November 29, 2017 to December 13, 2017 of D’s retired from the said site as wages of KRW 500,000 on November 1, 2017; KRW 2,750,000 on December 1, 2017; KRW 500,000 on November 1, 2017; and KRW 6,500,000 on December 2, 2017, without an agreement between the parties on the payment date.

2. Grounds;

(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. After the prosecution of the instant case, each withdrawal of petition containing the expression of intent not to punish victimized workers D and E will be withdrawn.

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

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