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(영문) 수원지방법원평택지원 2020.08.20 2020고정82

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The Defendant, as the representative of the (ju)C in Pyeongtaek-si B, is an employer who runs electronic parts manufacturing business using five regular workers.

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

Nevertheless, the Defendant did not pay the total of KRW 12,98,474, including D’s wages, from June 1, 2018 to May 27, 2019 at the same place of business, within 14 days from the date on which the cause for the payment occurred without agreement between the parties on the extension of the due date.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. Since the victim expressed his/her wish not to punish the defendant after instituting the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.