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(영문) 청주지방법원 제천지원 2015.07.21 2015고단103
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who runs mining business using six full-time workers in D Co., Ltd. located in Chungcheongnamyang-gun C.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there exists an agreement between the parties on the extension of the date.

The Defendant provided labor from December 1, 2013 to September 21, 2014 in violation of the Labor Standards Act (2015dan103) to the said stock company.

A retired worker E’s wages of KRW 3,00,000 for January 201, 2014, the amount of February 2014, the amount of KRW 3,500,00 for each wage of August 2014, and the amount of KRW 3,50,000 for each wage of August 2014, and KRW 15,870,960 for September 2, 2014, and the total amount of KRW 15,860 for each wage of September 2, 2014, did not pay KRW 37,322,560 for each retired worker within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as stated in the details of the attached money and valuables in arrears.

B. The Defendant, on September 21, 2014, did not pay the wages of KRW 2,400,000, totaling KRW 1,400,000 in August 2014, 201, and KRW 2,400,000 in September 2014 to the employees F, who retired from the said company, to the lapse of 14 days from the date of retirement without any agreement on the extension of the payment deadline.

2. We examine the judgment, and the facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. Since the victims after the indictment of this case submitted to the court, the prosecution of this case was dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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