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(영문) 대전지방법원 2015.05.28 2015고단580
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative of D in Daejeon-gu Daejeon-gu, Daejeon-gu, is an employer who ordinarily employs one worker and performs E-work in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

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, at the above construction site from April 1, 2014 to December 3, 2014, did not pay KRW 740,000 as wages of October 2014, and KRW 3,120,000 as wages of November 2014, and KRW 4,10,000 as wages of November 2014, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the payment.

2. The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which are crimes of non-violation of will under Article 109(2) of the Labor Standards Act. Since it is apparent in the record that the victims have withdrawn all their intent to punish the Defendant on February 26, 2015, which was the date the instant indictment was instituted, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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