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(영문) 광주지방법원 목포지원 2013.07.19 2013고정268
근로기준법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. Each of the facts charged against the Defendant is the actual management owner of a limited company C located in Yong-nam Cancer B, which ordinarily employs 30 full-time workers.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there is an extension agreement on the date of payment between the parties concerned.

Nevertheless, from April 1, 2012 to September 30, 2012, the Defendant, at the same place of business, did not pay 49,849,000 won in total for 14 days from the date of retirement to September 30, 2012, including the amount of KRW 2,40,000,000,000,000,000 per month’s wage for August, 201, and the amount of KRW 4,04,00,000,00 for employees as well as the amount of KRW 14 days from the date of retirement without an extension agreement on the date of payment between the parties.

2. Each of the facts charged of this case is a crime 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 same Act. According to the records, ten victims, including D, etc., can be recognized as having expressed their intention not to punish the defendant after the institution of the instant prosecution. Thus, each of the facts charged of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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