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(영문) 의정부지방법원 고양지원 2020.04.10 2020고정43

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 employs workers in the name of “C” from the Handong-gu B and the 3th century in order to operate a party hall.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant in the above workplace from January 19, 2019 to the same year.

2. D’s wage of 629,00 won for January 1, 2019, weekly holiday allowances of 192,000 won, and wage of 756,500 won for February 2, 2019, weekly holiday allowances of 136,00 won, which are workers by the end of 20.0, did not pay within 14 days from the date of retirement, which is the due date, without any agreement between the parties to the labor contract on 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 Labor Standards Act.

However, according to the records of this case, the injured worker can recognize the fact that he expressed his intention not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act and it is so decided as per Disposition.