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(영문) 수원지방법원 2015.07.20 2015고단2499
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 the C company in the C company B in the period of harmony, is an employer who engages in manufacturing business (electronic components) using seven full-time workers.

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, the Defendant did not pay the sum of KRW 3,230,760 as wages of May 2014, and KRW 3,769,220 as wages of June 5, 2014 within 14 days from retirement without an agreement between the parties on 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 cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the written withdrawal of the petition filed in the trial records, D can be acknowledged as the facts that the Defendant had withdrawn his/her wish to punish the Defendant on May 29, 2015, after the institution of the instant prosecution. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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