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(영문) 수원지방법원 2014.09.24 2014고단4377

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who has operated the Real Estate Sales Co., Ltd. Co., Ltd. with ten full-time employees in Suwon-si, Suwon-si.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for the payment.

Nevertheless, the Defendant, while working in the said workplace from November 23, 2012 to April 30, 2013, did not pay KRW 8,500,000 of D’s wages, within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date for payment, and did not pay KRW 26,838,545 of the total nine workers’ wages within 14 days from the date of occurrence of the cause for payment, as shown in the attached list of crimes.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the records of the instant case, it can be acknowledged that the workers have withdrawn their wish to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.