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(영문) 창원지방법원 2014.02.20 2013고정1718
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who is engaged in automobile parts manufacturing business by employing two full-time workers as the actual representative of C in the facts charged against Kimhae-si.

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

Nevertheless, from May 30, 2013 to May 30, 2013, the defendant works as production workers.

In the absence of an agreement between the parties on the extension of the due date for payment, D's wages of 2,632,955, which were retired on July 16, 2013, were not paid within 14 days from the date of retirement, which is the date of the occurrence

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 Labor Standards Act. According to the statement of "written withdrawal of complaint" bound in the trial records, it is clear that the victim has withdrawn his wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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