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(영문) 부산지방법원 동부지원 2019.10.02 2019고단1360

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who is engaged in restaurant business by ordinarily employing three workers under the trade name of “C” in Busan Shipping Daegu B.

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 of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant is working from October 8, 2018 to December 21, 2018.

Wages of 1,600,000 won were not paid within 14 days from the date of retirement without any agreement between the parties on 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, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, according to the records, the injured worker on July 2, 2019, which was after the prosecution of this case, can recognize the fact that the injured worker revoked the complaint against the defendant, and accordingly, the injured worker withdrawn his/her wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.