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(영문) 광주지방법원 2020.04.23 2019고정1151

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the C Co., Ltd. in Gwangju Northern-gu B, who ordinarily employs 14 workers and carries on food manufacturing business.

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.

Nevertheless, the Defendant worked for C Co., Ltd from April 14, 2018 to May 31, 209, and did not pay KRW 1,162,000 of the wages of D to retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case constitute an offense against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the records, the victim can recognize the fact that he/she expressed his/her intention not to punish the defendant after the prosecution of this case.

[Reference to the protocol for conciliation of the compensation for damages case 2020ss. Reference to the protocol for conciliation of the damages case] The indictment of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.