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(영문) 대구지방법원 2017.12.13 2017고정1960
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a manager of the office and manager of the office and manager of the office and the head of the office and the head of the office and the head of the office and the head of the office and the head of the office

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

However, the Defendant did not pay the total of KRW 14,370,000 from March 1, 2016 to September 27, 2016 to retired workers D's wages of June 1, 2016, KRW 4,500,000 in July 2016, and KRW 4,50,000 in August 2016, and KRW 14,370 in September 2016, without agreement between the parties to the extension of payment date.

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 employee’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

In doing so, workers D may recognize on December 8, 2017, which was after the institution of the instant prosecution, that the court expressed its intention not to be punished against the Defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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