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(영문) 광주지방법원 2018.04.25 2018고정155

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative of the point C in Gwangju Mine-gu, is an employer who ordinarily employs three workers and operates a curriculum.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Defendant did not pay KRW 796,249,00,00,000 from August 10, 2016 to May 7, 2017 at the same place of business, as wages of KRW 175,545,00 in May 2017, and KRW 289,440 in weekly paid leave in 2016, and KRW 331,264 in weekly paid leave allowances in 2017, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. Determination

(a) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

(b) The relevant employee shall express his/her intention not to punish him/her after prosecution;

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;