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(영문) 대전지방법원 서산지원 2015.06.04 2014고단1124

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

The defendant is the manager of the C Co., Ltd. in Seosan-si, Seosan-si, who conducts landscaped trees management business using 13 full-time workers.

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.

Nevertheless, the Defendant is working at the same workplace from August 15, 2010 to August 20, 2014.

The sum of 9,492,00 won of the victim D's wages, who are retired workers, was not paid within 14 days from the date of retirement, and the sum of 7,480,000 won for the victim 11 who is retired workers, as shown in the list of crimes in the attached Table, were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Judgment

Each of the facts charged in this case 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 Labor Standards Act.

According to the records, the victims submitted a written agreement that they shall not be punished for the defendant on May 14, 2015, which was after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.