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(영문) 전주지방법원 정읍지원 2020.06.25 2020고단208

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant, as the C representative director of the Co., Ltd. located in B at the time of Jeonbuk-Eup, is a user who conducts plastic withdrawal manufacturing using six full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the above workplace had worked from October 8, 2019 to November 23, 2019 and retired D's wages of 1,048,525 won in October 2019 and did not pay 7,19,378 won in total for two retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the list of crimes in the attached Table.

Judgment

The applicable provisions of Acts to facts charged: Article 109(1) and Article 36 of the Labor Standards Act: A judgment dismissing a public prosecution where a worker expresses his/her intention not to prosecute a case which cannot be prosecuted against the clearly expressed intention of the victim, after the prosecution of Article 109(2) of the Labor Standards Act is instituted: Article 327 subparag. 6 of the Criminal Procedure Act (where a victim expresses his/her intention not to prosecute a case which cannot be prosecuted against the clearly expressed intention of