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(영문) 대구지방법원 경주지원 2014.04.02 2014고단38
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the C representative located in the Gyeongbuk-si, Gyeonggi-si, who employs at least 12 full-time workers and operates the packing business of motor vehicle parts

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, the Defendant had worked from May 6, 2013 to July 31, 2013 at the above workplace and had not paid KRW 4,600,000 of D's wages that were retired on the next day within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without the agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which are crimes of non-compliance with intent under Articles 109(2) and 36 of the same Act. Since it is apparent in the records that D withdraws his/her wish to punish the Defendant on December 19, 2013, which is after the prosecution of the instant case, it is the fact that D submitted a written agreement to the effect that D withdraws his/her wish to punish the Defendant on December 19, 2013, the prosecution of the instant case is dismissed pursuant to Article 3

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