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(영문) 의정부지방법원 2020.03.30 2020고단778
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the D representative of the B apartment C in Namyang-si, who ordinarily employs three workers and operates a construction business (waterproof construction).

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.

The Defendant works as waterproof engineer from June 1, 2019 to July 14, 2019 at the Dongdaemun-gu Seoul Metropolitan Government E site.

As of June 6, 2019, wages of KRW 2,400,000, wage of KRW 320,000 on July 2019, did not pay KRW 2,400,000 on the date of retirement within 14 days from the date of retirement without any 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. After the prosecution of this case, the withdrawal of a complaint and a written agreement containing the employee F's expression of non-guilty intent to punish workers F are submitted.

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

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