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(영문) 부산지방법원 동부지원 2016.11.28 2015고정1262

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual construction business operator, who runs a construction business with one regular worker at the site of the C-Newly constructed construction work located in Busan Southern-gu B.

When a worker retires, an employer shall pay wages within 14 days from the date when the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 1,066,400 of the wages of retired workers D around May 22, 2013 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties to the payment.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act. According to Article 109(2) of the same Act, the victim’s expression of intent to punish the Defendant on November 15, 2016, which is after the institution of the instant indictment, can be acknowledged that the victim D has withdrawn his/her wish to punish the Defendant on November 15, 2016. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.