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(영문) 인천지방법원 부천지원 2019.09.25 2019고정557
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs a restaurant by employing one full-time worker as the management owner of the building B and the D in subparagraph C of this Article.

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

Nevertheless, the defendant is working from April 11, 2018 to May 11, 2018 at the above workplace.

The retired E's wage of 1,300,000 won was not paid within 14 days from the date of occurrence of the cause of payment without an agreement between the parties on the extension of the due date.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

However, according to the statement of withdrawal of a petition filed in the trial records of this case, the injured worker can be acknowledged on September 11, 2019, which was after the prosecution of this case.

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

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