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(영문) 서울서부지방법원 2020.11.26 2020고정873
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an individual constructor residing in Seodaemun-gu Seoul Metropolitan Government building B, who runs a construction business in the field of reinforced concrete in Incheon Do Personal Housing Construction Site, etc.

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

Provided, That if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the Defendant, in the above construction site, etc. from June 28, 2018 to November 10, 2018, worked as a mold, paid 2,785,00 won for October 2018, as well as 12,965,00 won for six retired workers, as shown in the attached crime list, without any agreement between the parties on the extension of the payment date between the parties concerned, respectively, and was paid within 14 days from the date of retirement.

2. The instant case is a case in which a public prosecution cannot be instituted against the express will of the victim under Article 109(2) of the Labor Standards Act, and the victims expressed their intent not to prosecute the Defendant on November 26, 2020 after the instant public prosecution was instituted. Thus, the instant public prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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