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(영문) 대전지방법원 2014.08.14 2014고정950
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of the Co., Ltd. C located in Daejeon Jung-gu, Daejeon, who runs the distribution business using four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

The Defendant, who was employed on October 4, 2012 until July 26, 2013, did not pay the total of D’s wages of 958,070 won for November 2012, 2014, which had been employed until February 10, 2014, as wages of 958,070 won for April 2, 2013 to June 2013, wages of 2,50,000 won for July 2, 2013, wages of 2,096,780 won for July 2, 2013, wages of 2,419,360 won for January 2, 2014, wages of 803,580 won for February 2, 2014, and wages of 13,777,790 won from the date of retirement without agreement between the parties concerned.

2. The judgment was based on the case where a crime falling under Articles 109(1) and 36 of the Labor Standards Act cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the records, the victim can be found to have withdrawn his/her wish to punish the Defendant on August 7, 2014, which was after the instant indictment was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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