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(영문) 인천지방법원 부천지원 2020.04.20 2019고단4182

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a personal construction business operator residing in Bupyeong-si B, who is an employer who runs indoor interior interior interior tech fishery business with four 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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the amount of D wages of KRW 4,600,000, which was worked at the site of Busan F&C from May 19, 2018 to June 25, 2018, within 14 days from the date when the cause for payment occurred without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the express will of the victimized employee under Article 109(2) of the Labor Standards Act.

According to the records, since the employee D withdraws his previous wish to punish the defendant after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.