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(영문) 수원지방법원 성남지원 2018.10.11 2018고정980
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a representative of C(State) in the wife and population B, employs 10 full-time workers and engages in service business.

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 D wage amounting to KRW 4,762,025 ( KRW 1,587,345 of December 2016, and KRW 1,587,345 of February 2017, and KRW 1,587,345 of February 1, 2017, and KRW 1,587,345 of March 2017) within 14 days from the date of each retirement without agreement on extension of the date of multilateral payment.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

(b) Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (the submission of a written withdrawal of complaint to the effect that the employee does not wish to be punished to this court on September 20, 2018, which was after the institution of this case)

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