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(영문) 대구지방법원 2015.09.18 2015고정1524

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a C representative located in Daegu Jung-gu, who is an employer who runs metal creative business using 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.

Nevertheless, the Defendant is employed in the above workplace and worked in metal airspace from July 2013 to February 28, 2015 at the field of Posing port transportation.

D's wages of 118,654 won on March 2014, 201, wages of 2,80,000 won on April 4, 2014, wages of 3,50,000 won on May 1, 2014, wages of 3,640,000 won on June 6, 2014, wages of 3,290,000 won on July 7, 2014, wages of 2,550,000 won on December 12, 2014, wages of 2,250,000 won on January 2, 2015, wages of 1,50,000 won on February 2, 2015, and wages of 19,648,654 won on the extension between the parties without any agreement between the parties concerned.

2. The facts charged in this case are those 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 same Act.

However, according to the records of this case, D can recognize the fact that he/she withdraws his/her wish to punish the defendant on September 17, 2015, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.