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(영문) 춘천지방법원 2019.07.12 2019고단500
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an individual constructor with the address in Dobong-gu Seoul Metropolitan Government B Apartment and C, and is an employer who newly constructed the studio construction work in Gangwon-si, Gangwon-si, with six full-time workers.

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.

Nevertheless, the Defendant did not pay KRW 4,470,00 in total, including KRW 1,950,000 in October 2017, which worked from September 25, 2017 to November 20, 2017, and KRW 2,520,00 in November of the same year, within 14 days from the date of the occurrence of the cause for payment without any agreement between the parties on the extension of the due date.

2. The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent.

(Article 109(2) of the Labor Standards Act (Article 109(2) of the Labor Standards Act). After the instant indictment was instituted, a letter of withdrawal, stating that the victimized employee does not want to punish the accused, was submitted to this court on May 30, 2019.

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

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