beta
(영문) 인천지방법원 2014.05.30 2014고정1458

근로기준법위반

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is the representative director of C, a company located in Nam-gu Incheon Metropolitan City, who runs a mechanical manufacturing business with five regular workers.

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 worked in the foregoing workplace from July 12, 2010 to July 25, 2013, and worked in the workplace from March 2013 to July 25, 2013 as the aggregate of the wages of retired workers D from March 12, 2012, 124,210 and the wages of retired workers E from September 10 to August 29, 2013, and did not pay 27,060,680 won in aggregate to two retired workers, including the total wages of 14,936,470 won from April 2013 to August 29, 2013.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the written withdrawal of each complaint in D and E, the victim D, and E may be acknowledged as the facts of withdrawing their wish to punish the Defendant on May 2, 2014, after the instant indictment was instituted. Thus, each of the instant charges is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.