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(영문) 청주지방법원 2017.09.14 2016고단1987

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a full-time employer who actually runs the construction business called (State)C by employing seven full-time workers, and the Defendant is a person who has contracted the construction business of the Jeju-si Do Do Do Do Do Do Do Do Do Do.

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 the aggregate of the wages of 1,953,820 won in August 29, 2015, wages of 3,600,53,820 won in September, 2015, and the total of 3,60,800 won in September 12, 2014 to 3,640,640,000 won in July 28, 2015, 00, 2,80,000 won in October 2, 208, 2,000, 2,80,000 won in August 2, 200, 200, 3,00,00 won in October 2, 208, 200, 2,000 won in October 3, 205, 200, 2,010, 10,000 won in July 25, 2015, respectively.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express will of the person working under Article 109(2) of the Labor Standards Act.

According to the records, around September 7, 2017, after the prosecution of this case was instituted, the injured workers expressed their intent not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.