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(영문) 창원지방법원 2013.04.16 2012고정1405
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who operates civil engineering and design business by employing 28 full-time workers as the representative of the company Kim Sea Co., Ltd.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 Defendant, while working as a designer at the above workplace on January 20, 2012, did not pay 27,071,290 won in total for four employees as well as 6,007,90 won in the attached crime list, as shown in the attached crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to each of the "written withdrawal of complaint" which is bound in the trial records, it is clear that the victims have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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