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(영문) 대전지방법원 2020.05.08 2019고단1577
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. Co., Ltd. in Daegu Jung-gu B and 3, is an employer who runs real estate business and lease business with five regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 served as 240,00 won for March 26, 2018 to April 21, 2018 and retired as 200,00 won for March 3, 2018, 300,000 won for April 26, 2018, and 240,000 won for March 26, 2018, 20, 260,000 won for April 20, 2018, 20, 30,000 won for the month of 20,00,00 won for 20,000,00 won for 20,00 won for 20,000 won for 20,000 won for 20,00 won for 20,000 won for retirement, 20,000 won for 20,00 won for 20,000 won for retirement, 2018.

2. Determination

(a) Applicable provisions to charges: 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) Non-guilty to punish: A worker’s expression of non-guilty to punish after the prosecution of this case.

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

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