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(영문) 대구지방법원 경주지원 2014.01.07 2013고단491

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of C, who is in the facts charged, is an employer who operates steel structure manufacturing business using 10 full-time workers at the second factory located in P, racing-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days from the date when the cause for such payment occurred, unless the due date is extended by mutual agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant, on July 28, 2012, paid 3.910,00 won on June 6, 2012 to E workers retired from the above factory, and that year.

7. 3.10,00 won for wages, 8.69,110 won for year-end tax settlement in 201, and 8,289,110 won for workers F who retired at the same time at the same time in the above factory, and 2.45,00 won for wages of 2.450,000 won for such year;

7. The party concerned did not pay the total of KRW 4.65 million within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date for payment.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act. According to the written withdrawal of complaint attached to the trial records of this case, it is recognized that the above victims have withdrawn the victim's expression of intent that they would agree with the defendant after the prosecution of this case and withdraw the complaint and punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.