beta
(영문) 울산지방법원 2019.10.24 2019고단2435

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the employer who is the C representative in Ulsan-gu B and operates an education-related service business with eight full-time workers.

When a worker 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 payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works as an English instructor from November 20, 2018 to February 10, 2019 at the above workplace.

D's total amount of 2,400,000 won of wages in January 2019, including 1,800,000 won of wages in February of the same year, and 600,000 won of wages in February of the same year, did not pay 2,40,000 won within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement

2. We examine the judgment. The facts charged in the instant case fall under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. According to the records, since workers D may recognize the fact that he/she submitted an agreement to this court on June 27, 2019 after the institution of the instant case and withdrawn the Defendant’s wish to punish the Defendant, the prosecution charged in the instant case shall be dismissed in accordance with Article 327(6) of the Criminal Procedure Act.