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(영문) 대구지방법원 2013.06.20 2013고정679

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Ccafeteria B in Busan Metropolitan City, who ordinarily employs four workers and operates a restaurant business.

When a worker dies or retires, the employer shall pay the wages, accident compensations, and all 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 in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace, worked as a delivery post from November 1, 2012 to November 9, 2012, and served as a retired employee D’s wage of KRW 550,00 on November 1, 2012, and did not pay KRW 2,246,000 for the total wages of four retired workers within 14 days from the date of retirement when the cause for the payment occurred without extending the due date by mutual agreement between the parties in special circumstances, such as the written list of crimes.

2. The instant facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. Since the victims of the instant facts charged expressed their intention not to be punished against the Defendant after the instant indictment (D May 30, 2013; E June 12, 2013; June 17, 2013; hereinafter referred to as “F”), the instant facts charged are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.