beta
(영문) 광주지방법원 2018.02.08 2017고정1439

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates the KUBC in Gwangju North-gu.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

The Defendant did not pay KRW 2,500,000 for January 2017, and KRW 500,000 for February 2017, 2017, which was retired from the said workplace as working from September 1, 2016 to February 5, 2017, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the intent expressed by the victim pursuant to Article 109(2) of the same Act. According to the records, since the victim withdraws his/her wish to punish by cancelling the complaint against the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.