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(영문) 창원지방법원통영지원 2020.08.12 2020고정78

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who runs fishing business using one full-time employee under the trade name of “C” in Tong Young-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant is working as a secretary at the above workplace from May 23, 2019 to November 2, 2019.

D's wages of 750,000 won in September 2019, wages of 2,50,000 won in October 2019, and wages of 130,000 won in November 2019, and wages of 130,000 won in November 2019, did not pay 3,380,000 won within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be punished against the explicit intent of the victimized employee under Article 109(2) of the Labor Standards Act.

Since a written agreement stating the intention not to punish victimized workers D after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.