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(영문) 전주지방법원 2013.06.18 2013고단1344
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the Co. Ltd. B located in the Jeonsan-gu Seoul Metropolitan City, is an employer who runs wholesale and retail business using one full-time worker.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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, the said workplace did not pay 459,380 won as wages from February 12, 2013 to February 28, 2013 of D' that retired on March 1, 2013 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. Since D, the victim of the instant facts charged, expressed his/her intent not to be punished against the Defendant on April 30, 2013 after the instant prosecution was instituted, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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