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(영문) 대구지방법원 2017.06.21 2017고정812
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of Yong-si, Youngcheon-si, who ordinarily employs four workers and engages in textile manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 4,538,411 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date between the parties, as well as KRW 209,379 of the foreign worker D, June 2016, and KRW 2,200,00 in July 2, 2016, and KRW 2,129,032 in August 2, 2016.

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 in accordance with Article 109(2) of the Labor Standards Act.

In doing so, workers D may recognize on June 21, 2017, which was after the prosecution of this case was instituted, that the court expressed its intention not to be punished against the defendant.

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

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