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(영문) 의정부지방법원 2019.08.06 2019고단1448
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is a personal architect who resides in Asan City B and runs a construction business with five regular workers.

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 5,520,000 won in total to four workers within 14 days from the date of retirement, as stated in the attached Form, including D’s money and valuables 1,380,000, working from June 16, 2017 to June 28, 2017, when performing construction of a new penta in Gyeonggi-gun C, under a contract for the construction of a new penta in Gyeonggi-gun, the Defendant performed the construction of a new penta in the same field.

2. Determination

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

B. After the prosecution of this case, a written application for non-guilty punishment of the relevant worker was submitted.

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

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