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(영문) 창원지방법원 밀양지원 2020.07.21 2020고단74

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. Where the defendant is an employer who ordinarily employs 15 workers as the representative director of the Dispute Resolution Co., Ltd. and operates the shipbuilding and repair business, and the worker dies or retires, he/she shall pay the wages, compensations, and all other money and 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.

From November 5, 2018 to March 25, 2019, the Defendant is in charge of overseas business of vessel equipment and materials, and has worked abroad.

A retired victim D did not pay the total amount of 12,115,050 won within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

According to the records, the victim expressed his/her wish not to punish the defendant to this court after the institution of prosecution.

3. Conclusion, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.