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(영문) 청주지방법원 2015.03.27 2015고정94

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the operator of C in Chungcheongbuk-gun B, who runs an industrial machinery manufacturing business using two regular workers.

When a worker retires, the employer shall pay the worker all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, from January 18, 2010 to November 22, 2011 of the same year, worked in the contact with the above C, and had not paid KRW 450,000 as wages of January 201 of 2010 to retired workers from office, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

However, according to the written agreement, it can be recognized that the victim, who is a worker, has withdrawn his/her wish to punish the defendant after the public prosecution of this case was instituted, so the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.