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(영문) 인천지방법원 2015.11.20 2015고정3112
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who performs a wooden field from February 29, 2014 to June 30, 2014, using five full-time workers, after having been awarded a contract for a wooden field from D representative E at the site of urban-type residential house construction works in which C is located.

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.

Nevertheless, on the ground that the Defendant did not receive construction cost of KRW 5 million from D representative E, the Defendant did not pay the wages of KRW 510,000 from May 1, 2014 to June 30, 2014 as well as KRW 5,10,000,000,000 from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the attached crime list.

2. Each of 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 victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the records, it is recognized that the victims have withdrawn their wishes to punish the defendant, and the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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