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(영문) 광주지방법원 2015.05.14 2015고단25
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual representative of the Dispute Resolution Co., Ltd. in the Jeon-Nam-gun, who operates a newspaper business with one full-time employee, and the representative director of the Dispute Resolution Co., Ltd. in the same address, who operates an advertising agency by using one full-time employee.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 is working from December 4, 2012 to April 12, 2014 in the Dispute Resolution Co., Ltd.

The retired E’s wages of KRW 1,500,000 on September 1, 2013, the wage of KRW 1,500,000 on February 2, 2014, the wage of KRW 1,500,000 on March 3, 2014, the wage of KRW 600,000 on April 2, 2014, the wage of KRW 5,100,000 on the small amount of KRW 5,100,000 on April 2, 2014, and the Dispute Resolution Co., Ltd from May 1, 2013 to April 22, 2014.

The retired FF’s total sum of KRW 460,00 on December 12, 2013, KRW 1,460,000 on February 2, 2014, KRW 460,00 on March 3, 2014, and KRW 8,032,00 on April 2014, did not pay KRW 552,00 on April 2, 2014 within 14 days from each retirement date without agreement on extension between the parties’ payment dates.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. According to the records, it can be acknowledged that the victim E, on December 9, 2014, and the victim F, on April 23, 2015, withdrawn the victim’s wish to punish each defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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