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(영문) 대구지방법원 2013.12.19 2013고정1973

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Daegu Suwon-gu Co., Ltd., and the defendant is the employer who has employed five full-time workers in the construction site of the Gyeong-gu D Hospital Corporation and has run the construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 has worked as a tree from August 18, 2012 at seven places, such as the site of the Gyeongbuk Hospital Corporation.

On October 10, 2012, E’s retirement from January 10, 2013, wages of 330,000 won for wage of 2,520,000 won for wage of 1 November of the same year, wages of 2,340,000 won for December of the same year, and 6,630,000 won for wage of 1,440,000 won for January of 2013, without any agreement between the parties on extension of payment period, the payment was not made within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the written agreement submitted by the Defendant, it is recognized that the victim E expressed his/her intention not to be punished by the Defendant on November 27, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.