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(영문) 의정부지방법원 고양지원 2016.12.01 2016고단3033
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, in the facts charged, is an employer who employs ten full-time workers and operates a book business as the actual manager of the company in question, which is in the case of the company in question.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 if there are special circumstances.

Nevertheless, the Defendant worked from October 1, 2013 to March 31, 2014 at the above workplace and retired from D’s employment, did not pay 200,000 won in January 2014, wages of 1.8 million won in February 2014, and wages of 1.8 million won in March 2014 to 3.8 million won in March 2014, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the payment 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.

However, after the prosecution of this case was instituted, D withdrawn the wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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