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(영문) 제주지방법원 2020.03.19 2019고정487
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a user who employs one full-time worker as the C practical representative located in Jeju-si B and operates service business.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties concerned regarding the extension of the due date.

Nevertheless, the suspect works from September 11, 2018 to December 3, 2018.

D's wages of 1,049,180 won in September 2018, wages of 1,573,770 won in October 2018, wages of 1,573,770 won in November 2018, and wages of 1,573,770 won in December 2018, and wages of 152,300 won in December 2018, 4,349,020 won in total were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act. According to the records, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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