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(영문) 의정부지방법원 2015.10.06 2015고단2425

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the former representative director of C Co., Ltd. located in C at the time of harmony, runs a construction business with five regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 did not pay KRW 10,50,000,00 for the total amount of KRW 3,500,000 for April 2, 2012, and monthly wage of KRW 3,500,000 for May 2012, and monthly wage of KRW 3,500,500 for June 2012, as well as KRW 10,50,000 for each party’s wage of KRW 3,50,00 for the extension of the due date, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The judgment is the case in which a public prosecution cannot be instituted against the victim's explicit intent under Article 109 (2) of the Labor Standards Act. According to the records, it is recognized that the above worker has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.