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(영문) 창원지방법원 마산지원 2016.08.17 2016고단678
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer, who is a representative of C in Hanam-gun, Hahnam-gun, who ordinarily employs 20 workers and operates painting business, etc.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

However, the Defendant did not pay the total amount of KRW 147,878,195 of the wages of all 34 workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, as stated in the statement on the money and valuables in arrears in the attached Form, including the total amount of KRW 9,919,350 of the wages of 34 workers from August 15, 2015 to May 11, 2016, the total amount of KRW 147,878,195 of the wages of 34 workers, including the total amount of KRW 4 million in March 2016, the wage of KRW 4 million in April 2016, and KRW 4 million in April 2016, and KRW 9,919,350 in May 20.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

According to the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on August 17, 2016, which was after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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