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(영문) 의정부지방법원 2015.11.06 2015고단3398

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that Defendant A is the representative of C&A in the fourth floor of the building in the Guluri City, who ordinarily employs eight workers and operates a private teaching institute business.

When a worker retires, the employer shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date of payment may be extended according to the agreement between the parties.

Nevertheless, the Defendant did not pay KRW 1,200,000 on August 25, 2014, which was worked as an instructor of a private teaching institute from December 16, 2013 to August 25, 2014 at the same place of business, within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment of money and valuables.

2. On the other hand, it is a crime falling 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 Labor Standards Act. According to the records, since the worker D withdraws his/her wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.