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(영문) 대전지방법원천안지원 2020.09.14 2019고단3354
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative of the C cafeteria located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, who runs a restaurant business with one regular employee.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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.

The Defendant is working in the foregoing workplace from March 1, 2014 to February 28, 2019.

A retired worker D's total amount of 60,146,000 won, as stated in the attached list of crimes, as well as 2,000,000 won in March 2016, did not pay 60,146,000 won within 14 days from the date of retirement without any agreement on the extension of the due date between the parties

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 16270, Jan. 15, 2019), and cannot be prosecuted against or against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

According to the agreement bound by the records, the victim may recognize the fact that he/she expressed his/her wish not to punish the defendant after the prosecution of this case.

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

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