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(영문) 대구지방법원 경주지원 2018.03.29 2018고정7
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of C in the racing-si, is an employer who employs approximately four full-time workers and operates a service 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.

Nevertheless, the defendant did not pay 640,530 won of D's wages of workers who were employed in the above C's workplace on August 31, 2017 within 14 days from the date of his retirement.

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 pursuant to Article 109(2) of the Labor Standards Act.

Therefore, since the victim expressed his/her intent not to be punished against the defendant around January 19, 2018, which was after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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