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(영문) 서울중앙지방법원 2014.10.02 2014고단1072
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant charges is an employer who is a representative director of Gangnam-gu C Co., Ltd., Ltd., located in Gangnam-gu, from October 26, 2012 to May 27, 2013, and from July 19, 2013 to August 30, 2013, who has run a hot spring rain by using 30 full-time workers.

Where an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay 3,430,000 won of the employee E who retired while working in the said workplace from January 7, 2013 to March 31, 2013, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. It is clear that the employee E withdraws his/her wish to punish the Defendant on September 23, 2014, after the instant indictment was instituted.

3. According to the conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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