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(영문) 수원지방법원 성남지원 2017.06.29 2017고단1095
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C in Seongbuk-si, Sungnam-si, who runs a food manufacturing business using four full-time workers.

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

Nevertheless, the Defendant did not pay KRW 6,66,60, total D’s wages that he/she retired from the said workplace from October 23, 2016 to December 23, 2016 ( KRW 967,755, monthly wage 3,333, monthly wage 2,365,572) within 14 days from the date of retirement, which is the date on which the relevant cause for payment occurred, without any agreement on the extension of the payment period between the parties.

2. Determination

(a) Crimes of non-violation of an intention: Articles 109(1), 109(2), and 36 of the Labor Standards Act;

B. On March 6, 2017, after the prosecution of this case, a written withdrawal that the injured person does not wish to punish the accused.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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