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(영문) 청주지방법원 충주지원 2015.09.16 2015고정45
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual manager of the C Co., Ltd. located in Chungcheong City B, who ordinarily employs 7 full-time workers and manufactures processed meat and engages in wholesale and retail business.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned to the extension of the due date.

Nevertheless, the Defendant did not pay the amount of KRW 1,600,000 (total 2,200,000) of D’s wages on November 201, 2013, which worked from May 1, 2013 to December 10, 2013, and the wage of KRW 600,000 (total 2,200,000) on December 2013, 2013, within 14 days from D’s retirement without any agreement between the parties on extension of payment dates.

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 same Act. The records show that the victim has withdrawn his wish to punish the defendant after the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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