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(영문) 대구지방법원 영덕지원 2019.09.18 2019고정21
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C in the Gulgjin-gun B, is an employer who has run a fishery by employing two full-time workers.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant worked in the said workplace from April 19, 2018 to August 31, 2018, and did not pay the amount of KRW 1,701,780 of the wages of foreign workers D on June 6, 2018, the amount of wages of July 7, 2018, the amount of wages of KRW 1,701,780, the amount of wages of August 7, 2018, the amount of KRW 713,649, the aggregate of KRW 4,117,209 within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

2. The facts charged in this 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 pursuant to Article 109(2) of the Labor Standards Act.

According to the statement of the withdrawal of a complaint and the statement of the non-prosecution of punishment prepared by the victim E which is bound in the trial records on behalf of the victim according to the victim's will, it can be recognized that the victim expressed his/her wish not to punish the defendant after the prosecution. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act

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