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(영문) 서울서부지방법원 2015.11.19 2015고정1656
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business by employing eight full-time workers in Seodaemun-gu Seoul and 101, Seodaemun-gu, Seoul.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, from March 19, 2015 to April 7, 2015, the Defendant did not pay 660,000 won of D’s wages in April 2015, which had been employed as an adjoining work at C at C at C, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. The facts charged in the instant case are those 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 Labor Standards Act.

On November 19, 2015, however, the victim withdrawn his wish to punish the defendant in this court.

3. According to the conclusion, the prosecution of this case against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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