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(영문) 대전지방법원 천안지원 2014.12.30 2014고정1102

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who ordinarily employs two full-time workers as the Dcafeteria representative located in Seoan-gu, Seoan-gu, Incheon Metropolitan City C, and the employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred if the worker dies or retires. However, the employer shall pay the same year from February 19, 2014

6. Until December 27, 200, work in the workplace.

E’s wage of KRW 1,200,000 ( KRW 400,000 for February, and KRW 800,000 for June) was not paid within 14 days from the date of retirement without any agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the records, it is recognized that the employee E has withdrawn his/her wish to punish the Defendant on December 16, 2014, after the institution of the instant indictment. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.