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(영문) 전주지방법원 2016.08.31 2016고정522

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a hospital business by employing 51 full-time workers as the representative of the former C Hospital located in the former B of North Korea-gun.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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.

Nevertheless, the Defendant, who retired from the said workplace from March 1, 2013 to August 31, 2015, did not pay 300,000 won in total, including the wages of 15,000 won on November 1, 2014, wages of 15,00,000 won on December 2012, 2014, and 33,00,000 won in total, from March 1, 2013 to August 31, 2015, and retired from the said workplace without any agreement between the parties on the extension of the payment period between the parties. < Amended by Act No. 12833, Nov. 1, 2014; Act No. 12874, Dec. 1, 2014; Act No. 12876, Aug. 31, 2015>

2. The judgment is a crime 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, it can be known that the worker D and E expressed their intent not to punish the Defendant on August 19, 2016, which was after the institution of the instant public prosecution. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.