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(영문) 의정부지방법원 2016.01.25 2015고정2183

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Gangwon-gun C located in the Gangwon-gun, who ordinarily employs six workers and carries out educational services.

If an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay 2,096,268 won, the sum of D’s wages of 883,853 won from June 3, 2013 to March 29, 2014 at the same workplace, and the monthly wages of 1,212,415 won, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment of money and valuables.

2. The facts charged in the instant case are the crimes falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

Since the victim withdraws his wish to punish the defendant after the prosecution of this case, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.