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(영문) 수원지방법원 2020.11.27 2020고정1511

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an individual constructor who resides in B in the facts charged of the instant case and runs a construction business using two full-time 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 is working from October 9, 2019 to October 31, 2019 at the site of the new construction work for electric power resource C in eternic City.

D's wage of 4,460,000 won in October 2019 was not paid within 14 days from retirement without an agreement on extension of the due date between the parties concerned.

2. The offense provided for in Articles 109(1) and 36 of the Labor Standards Act shall not be prosecuted against the will expressed by the victim under Article 109(2) of the Labor Standards Act.

However, according to the records, it can be recognized that workers D’ text messages have been submitted, stating that the instant indictment was “not wanting to be punished by the Defendant” after the instant indictment was instituted.

[victims stated that they want to punish the defendant again at the time of a court investigator's telephone investigation, but those who expressed their intention not to punish the defendant cannot be arbitrarily withdrawn (Article 232(3) and (2) of the Criminal Procedure Act). Therefore, the above declaration of intention is invalid). Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.