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(영문) 인천지방법원 부천지원 2017.09.08 2017고단1340

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business with two full-time workers as the actual management owner of Eunpyeong-gu Seoul Metropolitan Government (State) Category B 201.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 21,79,000 wages of 18 retired workers within 14 days from the date on which the grounds for payment occurred, as stated in the attached crime list, as in the attached crime list, in the workplace of Kimpo-si D New Housing Construction Corporation from February 18, 2017 to March 12, 2017, and the retirement E’s wages of 1,492,140 won, including 1,79,000 won, as stated in the attached crime list.

2. The determination 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, the above 18 workers may be acknowledged as having expressed their intent not to be punished against the Defendant on September 5, 2017, which was after the prosecution of the instant case was instituted.

Therefore, the prosecution of this case is dismissed on the basis of Article 327 subparagraph 6 of the Criminal Procedure Act.