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(영문) 수원지방법원 2014.11.03 2014고단644
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates a construction business chain “C” with ten full-time workers in Suwon-gu, Suwon-si.

When a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned regarding the extension of the payment period.

Nevertheless, the Defendant, while working in the pertinent workplace from January 10, 2013 to February 15, 2013, did not pay KRW 4,480,000 of the wages of employees D, who retired from the Defendant, within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date for payment, and did not pay KRW 37,625,000, total amount of six workers as stated in the attached crime sight table, within 14 days from the date of occurrence of the cause for payment, without any agreement on the extension of the due date

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the same Act. Since all workers of the instant case submitted a written agreement to the effect that they do not want punishment against the Defendant after the instant indictment, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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