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(영문) 창원지방법원 마산지원 2014.07.22 2014고정312

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The Defendant is an employer who is a representative of the C Company B located in Hanam-gun, and operates an industrial machinery manufacturing business using six full-time 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.

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

Nevertheless, the Defendant did not pay KRW 21,183,750, total amount of wages of 9 workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, as stated in the detailed statement of personal delayed payment, including KRW 3,118,750, Nov. 1, 2013 of D, which served as an official title from November 1, 2013 to December 1, 2013, as well as KRW 21,183,750, which is the day of the occurrence of the cause for payment.

The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act. The records of this case show that the victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.