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(영문) 서울동부지방법원 2016.05.13 2016고단608

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of the Songpa-gu Seoul Metropolitan Government Building 501, is a business operator operating solar light maintenance and repair business using three full-time workers.

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 KRW 2,00,000,000 for wages from January to May 2015, 2015, and KRW 1,533,333, a sum of KRW 11,533,333,33, 14, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. Determination

(a) A case which cannot be prosecuted against the victim’s explicit intent (Article 109(2) of the Labor Standards Act);

B. Withdrawal of the victim’s wish to prosecute on February 17, 2016 after the instant indictment was instituted.

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)