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(영문) 인천지방법원 2015.02.13 2014고정4447
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who has been subcontracted with C underground warehouse iron plates in Suwon-gu, Suwon-si, Suwon-si and run a building business by employing two full-time workers.

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 Defendant worked in the said workplace from December 19, 2013 to December 30, 2013, and worked in the same period as that of D's retirement 960,000 won in December 2013, and did not pay the total of KRW 1,920,000 in December 2013 to E's retirement from the said workplace within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. Each of the facts charged in the instant case is a crime 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 Labor Standards Act. Since a written agreement on February 6, 2015, which expressed his/her intention not to punish the Defendant, was submitted to this court after the instant indictment, the instant indictment was dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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