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(영문) 대구지방법원 김천지원 2014.01.23 2013고단1590
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the Gyeong-si, North America, B, is an employer who runs a construction business with two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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.

Nevertheless, the Defendant is working from July 2, 2012 to September 17, 2012 at the above workplace.

In September 11, 2012, wages of KRW 3,500,000 and wages of KRW 1,300,000 in September 201, 2012 were not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The facts charged in this 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 under Article 109(2) of the Labor Standards Act. According to the records of this case, the victim can recognize the facts that he/she has withdrawn his/her wish to punish the defendant after instituting the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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