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(영문) 대구지방법원 2016.06.09 2016고단1339
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business by employing six full-time workers at the construction site of a new commercial building in Daegu Suwon-gu B.

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

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

Defendant 1 worked at the above site and retired on November 11, 2015, paid 1,00,000 won for each of the five days from November 5, 2015 to November 10, 2015, and 7 days from November 5, 2015 to November 13, 2015 as wages E for seven days from November 5, 2015 to November 12, 2015, without any agreement between the parties on extension of payment period.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act. Since the victims expressed their wish not to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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