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(영문) 의정부지방법원 고양지원 2016.10.27 2016고단1894

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is as follows: “The defendant is the C representative in the Goyang-dong-gu Seoul Metropolitan City, who is engaged in the shower execution business using ten full-time workers. When a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred: Provided, That in special circumstances, the period may be extended by mutual agreement between the parties concerned. Nevertheless, the defendant did not pay the above workplace the total amount of wages of KRW 2,250,000 in August 17, 2014 and KRW 170,000 in September 2014 without agreement between the parties to the extension of the payment period.”

This is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, after the prosecution of this case was instituted, D withdrawn the wish to punish the defendant.

Pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of this case is dismissed.