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(영문) 전주지방법원 2014.04.17 2014고단196
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant, as a representative of the company C in the Full-Time Seoul Metropolitan City B, runs a service business using four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, and when there are special circumstances, the Defendant, despite the extension of the due date by mutual agreement between the parties concerned, shall work as an assistant to the store from October 14, 2013 to October 21, 2013 at the above workplace.

D's wage of 247,450 won in October 2013 was not paid until 14 days from the date when the cause for payment occurred without agreement between the parties to the extension of the due date.

2. The instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the written agreement bound in the trial records, it is apparent that the victim has withdrawn his/her wish to punish the Defendant on February 11, 2014, which was the date of institution of the instant prosecution, and thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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