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(영문) 창원지방법원 마산지원 2014.03.20 2014고정94
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a business operator who employs 13 full-time workers and operates a construction facility business as the representative of the window B located in the Gyeongnam-si, Changwon-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working in the above workplace from June 24, 2013 to August 31, 2013.

D's wages of KRW 1,860,000 for August 2013, and those of KRW 1,860,00 for facilities and equipment from June 24, 2013 to August 31, 2013.

The retired E's total amount of KRW 3,720,00,000, including KRW 1,860,000 for August 2013, was not paid respectively within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.

2. We examine the judgment, and the above facts charged 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. According to the records of this case, it can be acknowledged that the victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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