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(영문) 대구지방법원 2016.01.22 2015고정1372
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of D Co., Ltd. in Daegu Suwon-gu, who ordinarily employs eight workers and operates indoor architectural business.

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.

However, in special circumstances, the Defendant may extend the due date by mutual agreement between the parties. From August 14, 2014 to September 4, 2014, the Defendant worked as a tree course at the construction site located in the above D Hospital located in Gumi-si E, the interior of the hospital located in Gumi-si, Gumi-si, and had retired workers F, as indicated in the separate crime list, including KRW 910,000 on September 9, 2014, and paid KRW 6,160,000 for the total wages of eight retired workers, but did not pay the due date within 14 days after the cause for the payment occurred.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records of this case, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on January 13, 2016, which was after the prosecution of this case was instituted.

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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