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(영문) 청주지방법원 충주지원 2017.05.17 2016고정225
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual constructor residing in B in Chungcheongnam-si, Chungcheongnam-si, who ordinarily employs four workers at the new construction site in CD located in Namyang-si, Chungcheongnam-si, and carries out steel-rein concrete frame construction.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of his/her retirement, unless the employer has agreed to extend the payment period between the parties concerned.

Nevertheless, the suspect did not pay the total amount of KRW 2,840,000 for retirement workers, including KRW 970,000 for June 2, 2015, and KRW 850,000 for those employed during the same period of work, and KRW 1,020,00 for those employed during the same period of work, within 14 days from each retirement date, without any agreement on the extension of the payment date between the parties.

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 victim’s explicit intent under Article 109(2) of the same Act.

According to the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant after institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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