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(영문) 의정부지방법원 고양지원 2015.09.09 2015고단1895

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who runs real estate redevelopment business by employing two full-time workers as the representative of the C&A Promotion Committee for the Establishment of the C&A in Yangyang-gu, Yangyang-gu.

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 is working as a clerical staff from April 1, 2010 to August 25, 2013 at the above workplace.

A retired D's wage of 1.3 million won in June 2013, wage of 1.3 million won in July 2013, wage of 1.3 million won in August 2013, and wage of 1.3 million won in August 2013, did not pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

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

According to the records, the victim D prepared a withdrawal statement to the effect that the defendant is not punished after the prosecution of this case, and the withdrawal statement was submitted to this court. Thus, the 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.