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(영문) 창원지방법원 마산지원 2015.01.27 2014고정732
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory office is the representative and employer of the C Company who is engaged in the manufacturing business in the Haak-gun B in the Hanam-gun.

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, the Defendant worked in the workplace of the E company, etc. located in Haan-gun, Hanan-gun, the company, etc. in the above company Haan-gun, for work cooperation from January 14, 2014 to February 26, 2014, and did not pay KRW 1,305,000, in the aggregate of KRW 2,255,000, in the wages of February 2, 2014, and KRW 3,560,000, in the aggregate of KRW 3,560,000, and from March 10, 2014 to March 25, 2014, G’s wages of KRW 1,535,625 from March 10, 2014 to retirement without an agreement extending the period of 14 days from each retirement date.

The above facts charged are crimes 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 Labor Standards Act. According to the records, the above workers have withdrawn their intent to punish the defendant after instituting the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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