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(영문) 의정부지방법원 2015.12.21 2015고정1845

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a corporate representative director of Eunpyeong-gu Seoul Metropolitan Government (2nd floor), who ordinarily employs five workers and operates a comprehensive construction business.

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 worked as a miscellaneous daily worker from October 14, 2014 to December 20, 2014 at the new construction site of Gyeonggi D Multi-Family Housing (multi-family housing) and did not pay 7,850,000 won in total for seven retired workers as stated in the attached Form, including KRW 300,000,00 for October 20 of 2014 of the retired workers E, 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 the instant case are crimes falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, since victims withdraw their desire to punish the defendant after the prosecution of this case, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.