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(영문) 서울북부지방법원 2016.08.31 2016고정1158
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of D in Dongdaemun-gu Seoul Metropolitan Government C and 703, who runs a periodical publication business using one full-time worker.

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.

Nevertheless, Defendant E was employed by the said workplace from June 29, 2015 to October 2, 2015, and did not pay KRW 500,000 of the wages of September 2015 to his/her retired employee E within 14 days from the date of his/her retirement, which is the date when the cause for payment occurred, without any agreement between the parties on the extension of the payment date.

2. The case is a crime 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. The victim E withdraws his wishing to punish the Defendant on August 31, 2016 after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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