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(영문) 서울북부지방법원 2016.03.25 2015고정2739
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of Seoul Special Metropolitan City, Nowon-gu Co., Ltd. C who is a full-time employee and is an employer who operates an electric discharge business.

When an employee dies or retires, the employer paid the wages, compensations, and other money and valuables within 14 days from the date of the occurrence of the cause for such payment, but the Defendant did not pay the total of KRW 7,475,000 of the wages of the retired employee E within 14 days from the date of the said retirement, even though he/she had worked at the electrical construction site of the Dan-gu New Electric Construction at the Seo-gu Incheon Metropolitan City of the said company from October 21, 2014 to June 8, 2015.

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. According to the statement of “written withdrawal of petition,” which is bound in the trial records, the employee E withdraws his/her wish to punish the Defendant on March 24, 2016, after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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