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(영문) 광주지방법원 목포지원 2014.11.11 2014고정514
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, in the facts charged, operated the manufacturing industry by using 11 full-time workers while operating the “C Company” in Youngnam Cancer B.

When a worker retires, an employer shall pay wages, compensations, and all other money and valuables within 14 days from the retirement, unless there exists an agreement extending the due date for the payment.

Nevertheless, the Defendant did not pay the amount of KRW 1,530,00 of the wages of Vietnam workers D on January 1, 2013, and the amount of KRW 1,530,000 for February 2, 2013, which was worked by the said C Company from January 10, 2013 to March 1, 2013, to the lapse of 14 days from the date of retirement without an agreement between the parties concerned 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, which cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the same Act. According to the records, D can recognize facts that the defendant expressed his intention not to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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