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(영문) 서울동부지방법원 2016.03.25 2016고정171

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director of Gangdong-gu Seoul Metropolitan Government, runs a construction business with ten full-time workers.

When an employee retires, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the amount of KRW 2,50,000 on July 27, 2015, which was worked from April 6, 2015 to July 27, 2015 at the same place of business, within 14 days from the date of his/her retirement without an agreement on the extension of the due date.

2. The facts charged in the instant case 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 same Act.

According to the records of this case, on January 26, 2016, after the prosecution of this case was instituted, a statement of revocation of complaint was submitted by the victim to the effect that the victim does not want punishment against the defendant in this court.

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