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(영문) 수원지방법원 안산지원 2019.06.11 2019고단1346

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of Ansan-gu, Mansan-si B and C, who ordinarily employs one worker and operates a service business.

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 did not pay the total of KRW 2,007,00,000, including the weekly holiday allowances of October 3, 2018 to February 21, 2019, KRW 319,140, and weekly holiday allowances of November 2018, KRW 382,680, weekly holiday allowances of December 2018, KRW 418,680, and weekly holiday allowances of January 2019, KRW 524,700, and weekly holiday allowances of February 3, 2019, KRW 361,80,00, without agreement on the extension of the payment date between the parties.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. Since the Workers E written agreement on April 8, 2019, which expressed the intent not to punish the Defendant, submitted to this court after the instant indictment, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.