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(영문) 의정부지방법원 2020.10.26 2020고단3453
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual manager of the 'C' in Gyeonggi-ri City B, who runs wholesale and retail business with four full-time workers.

When a worker dies or retires, the employer shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date of payment may be extended according to the agreement between the parties.

Nevertheless, the Defendant worked in the foregoing workplace from July 15, 2019 to September 30, 2019, and retired from the workplace for the same period as KRW 1,893,50 in July 2019, and the monthly wage of KRW 4,00,000 in August 8, 200, KRW 4,000 in September 9, KRW 893,550 in total, and KRW 9,893,50 in retired, and did not pay KRW 3,00,00 in July 1, 2019, KRW 3,00,00 in September 3, 200, KRW 7,451,610 in total, and KRW 17,345,160 in total to two retired workers, including KRW 610 in exchange for money and valuables, within 14 days from the date of each agreement between the parties to the retirement.

2. Determination of applicable provisions of Acts: Judgment dismissing an expression of intent that workers D and E wish to punish each accused after the prosecution of this case under Article 109(2) of the Labor Standards Act (written agreement submitted on October 5, 2020): Article 327 subparag. 6 of the Criminal Procedure Act.

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