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(영문) 의정부지방법원 고양지원 2018.12.19 2018고정1058
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is a manager of the C office in the Dong-gu Seoul and the 1st, Seoyang-gu, Seoyang-gu, Busan, who has run a restaurant with approximately three full-time workers.

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.

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

Nevertheless, the Defendant had worked from December 1, 2017 to April 30, 2018 at the same workplace and had retired from the workplace KRW 4 million each of the wages from February 1, 2018 to April 2018, and did not pay KRW 12 million in total within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties concerned.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act.

However, according to the records of this case, it is recognized that the victim withdrawn his/her wish to punish the defendant on December 10, 2018, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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