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(영문) 창원지방법원 2018.04.06 2018고단426
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the C representative director of the Co., Ltd. in Kim Sea-si B, who employs 20 full-time workers and operates a manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from September 1, 2017 to October 25, 2017, the Defendant did not pay the total amount of wages of KRW 16,24,679, including the total amount of wages of KRW 4,165,00 on September 9, 2017, KRW 3,196,329, KRW 197, October 1, 2017, KRW 5,000, and KRW 16,24,679, including wages of KRW 4,165,00,00 on October 25, 2017, which were worked at the said workplace, within 14 days from the date of retirement, which is the date of payment, without agreement between the respective parties on the extension of the date of payment.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the will expressed by the victim under Article 109(2) of the same Act.

According to the records, the victims have withdrawn their wish to punish the defendant from this court around April 4, 2018, which was after the institution of the instant prosecution.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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