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(영문) 대구지방법원 김천지원 2015.08.28 2015고정327

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the representative director D, Co., Ltd., Ltd., which has been employed by fourteen full time workers, and is an employer who has been engaged in the manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 4,127,624 won, sum of six retired workers’ wages, including 804,945 won, in December 2014, 2014, from November 10, 2014 to December 13, 2014, as well as 804,945 won in attached money and valuables, within 14 days from the date of each retirement without agreement on the extension of the due date between the parties.

2. The facts charged in this case, which are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, shall not be prosecuted against the victim’s express will under Article 109(2) of the Labor Standards Act.

However, according to the records of this case, it is recognized that the victims submitted a written withdrawal of complaint to the effect that they do not want punishment against the defendant on August 19, 2015, which was 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