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(영문) 수원지방법원 2018.04.12 2018고단288
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative in the Young-si District B, is an employer who runs retail business (convenition store) using 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.

Nevertheless, the Defendant did not pay KRW 1,938,137 of D’s total wages from November 23, 2016 to June 5, 2017 at the same place of business, such as the list of crimes in attached Form D, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment period between the parties.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the will expressed by the victim pursuant to Article 109(2) of the Labor Standards Act.

According to the records, the worker D is paid wages to the damaged person and the defendant has withdrawn his/her intent to punish the defendant after the prosecution of this case is instituted.

Therefore, 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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