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(영문) 대전지방법원 서산지원 2014.12.12 2014고정326
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates a “C Council member” using five full-time workers in the Siljin-si.

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, the Defendant is working at the same workplace from October 12, 2013 to November 7, 2013.

Wages 1,741,935 won of retired D was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The instant case 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. According to the records, it can be acknowledged that the victim submitted a written withdrawal of the victim’s preparation to the court on December 3, 2014, which was the date the instant prosecution was instituted, and the victim expressed his/her wish not to punish the Defendant. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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