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(영문) 광주지방법원 순천지원 2018.07.23 2017고정525
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the actual manager of the D Medical Corporation DD Medical Foundation in Jeonyang-do, Jeonnam-do, who ordinarily employs 50 workers and operates the medical 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.

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

Nevertheless, Defendant A worked from February 1, 2017 to March 31, 2017, and retired from office E’s three-month wages of KRW 11,300,000, and from April 1, 2017 to May 1, 2017, Defendant A did not pay KRW 13,700,000 for April 13, 200 of retired F’s monthly wages within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

According to the records, since workers E and F expressed their intent not to be punished for each defendant after the indictment of this case was instituted, 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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