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(영문) 창원지방법원 마산지원 2015.08.11 2015고단432

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant as the representative of the D Company in the Haan-gun, Haan-gun C.

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.

Nevertheless, the Defendant, at the above workplace from January 5, 2015 to April 28, 2015, is serving as a contact.

If retirement E does not pay a total of KRW 4,344,00,000, it did not pay KRW 55,856,000 for the total of wages of 16 workers, as shown in the attached list of crimes, without any agreement on the extension of the date, until 14 days have passed from the date of retirement.

The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the records, the workers have withdrawn all their intent to punish the defendant after instituting the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.