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(영문) 창원지방법원 2015.01.16 2014고단2399
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the representative director of the (ju)C located in Kimhae-si, who ordinarily employs seven workers and operates a specialized construction business.

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

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

Nevertheless, the Defendant did not pay the amount of KRW 1,581,925, which was paid in August 2, 2013 from July 2, 2013 to October 20, 2013 at the D Factory New Construction Work site and retired from office within 14 days from the date of retirement, which was the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date for payment.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which 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 According to the written agreement bound in the trial records, the above victim can be recognized as having withdrawn his/her wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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