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(영문) 부산지방법원 동부지원 2015.01.28 2014고단2244
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs software development business with three full-time employees in Busan Shipping Daegu and 405.

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 suspect worked in the said workplace as web designer from April 2014, from September 6, 2013 to March 31, 2014, and did not pay KRW 2,000,000 in total, and wage of KRW 4,000,000 in March 2014, and KRW 4,000 in total, including KRW 2,00,000,000 in March 31, 2014, and KRW 1,83,33 in February 2014, and KRW 1,833 in March 31, 2014, and KRW 36,666,6666 in March 26, 206, without agreement between the parties to retirement, to retire.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the records, the victim D and E may be acknowledged as the fact that they have withdrawn their wish to punish the Defendant on October 21, 2014, which is after the prosecution of this case.

3. According to the conclusion, 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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