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(영문) 대구지방법원 김천지원 2019.09.24 2019고정241

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 the actual manager of C Co., Ltd. in Gyeong-si, Chungcheongnam-si, Chungcheongnam-si, who runs the parts manufacturing business using three regular workers.

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 works in the above workplace.

The wages of 3,144,96 won on June 1, 2018 of D's retirement on February 1, 2019, wage of 1,970,00 won on July 7, 2018, wage of 3,770,00 won on September 1, 2018, wage of 1,570,000 won on September 1, 2018, wage of 4,170,000 won on October 4, 208, wage of 1,520,520,000 won on August 1, 204, 200, total of 1,520,000 won on August 20, 201, 208, total of 1,770,000 won on August 1, 205, 200, 2008; and wage of 21,54,000 won on August 1, 201996.

2. Each part of the facts charged pertaining to the payment of wages is an offense falling under Articles 109(1) and 36 of the Labor Standards Act.

According to Article 109(2) of the Labor Standards Act, the above crime cannot be prosecuted against the victim’s explicit intent.

However, according to each written agreement and written application for no punishment bound in the trial records, the victims can be recognized as having withdrawn their wish to punish the defendant after the prosecution of this case is instituted.

In accordance with subparagraph 6 of Article 327 of the Criminal Procedure Act, this part of the prosecution is dismissed.