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(영문) 춘천지방법원 2017.06.08 2016고정612
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the Plaintiff, as the representative D Co., Ltd. in Hongcheon-gun, Gangwon-gun, who ordinarily employs seven full-time workers and operates a restaurant.

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 did not pay KRW 2,940,00,00 for three-month wages of E retired from the said workplace from March 9, 2016 to June 20, 2016, or for five-month wages of KRW 2,940,00,000 for June wages of KRW 350,000, or for June wages of KRW 350,00 for the payment period between the parties without any agreement on the extension of the payment period between the parties.

2. The facts charged of the instant 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 pursuant to Article 109(2) of the Labor Standards Act.

In doing so, it is recognized that the victim E expressed his/her intention not to punish the defendant on June 7, 2017, 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.

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