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(영문) 대전지방법원 천안지원 2014.10.31 2014고정863
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is the actual manager of D Co., Ltd. in the Dong-gu, Dong-gu, Dong-gu, Seoul and the second floor, who is engaged in electrical construction business by using three full-time workers. In the event a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred. Nevertheless, the Defendant’s retirement from the said workplace after having provided labor from May 14, 2013 to August 7, 2013 and then has not been paid KRW 2,00,000 in June 20, 2013, wages of KRW 2,00,000 in July 2, 2013, wages of KRW 1,610,000 in August 2013, and wages of KRW 5,610,000 in total, within 14 days from the date of retirement without agreement between the parties concerned.

However, this case is a crime falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the victim’s protocol of protocol of protocol of protocol of protocol of protocol of protocol of protocol of preparation filed in the records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 30, 2014, which is the date the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed under Article

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