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(영문) 서울북부지방법원 2017.06.22 2016고정1964
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who contracted the construction of the 2nd floor recording room underground of Dongdaemun-gu Seoul Metropolitan Government building with a contract for the construction of the 2nd floor recording room.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total of KRW 21,00,000 for four retired workers within 14 days from the date of each retirement without agreement between the parties to the extension of payment date, as shown in the list of crimes in the attached Table, as well as KRW 11,70,000,00 of the D’s wages retired as the Defendant was working at the site of the interior of the above C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

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

However, according to the records of this case, D, E following the prosecution of this case, and F, on January 23, 2017, expressed that they did not want to be punished for the defendant by attending each court on June 22, 2017. G can be recognized as having submitted a written application for non-prosecution of punishment, stating that he/she does not want to be punished for the defendant on February 23, 2017. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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