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(영문) 광주지방법원 목포지원 2014.06.13 2014고단313
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, while operating “C” in Youngnam Cancer B, operated a vessel component manufacturing business using 20 full-time workers.

When a worker retires, an employer shall pay wages, compensations, and all other money and valuables within 14 days from the retirement, unless there exists an agreement extending the due date for the payment.

Nevertheless, the Defendant did not pay KRW D’s wage of KRW 3,012,00 on April 2013, 2013, which was worked as a worker for work from November 19, 2012 to April 30, 2013, to 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

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 pursuant to Article 109(2) of the same Act. According to the records, D can recognize facts that the defendant expressed his intention not to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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