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(영문) 의정부지방법원 고양지원 2016.06.23 2016고단1235
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of the Seo-gu, Busan, Seoyang-si, who is a full-time employee and operates a printing business using four full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 6,208,219, including the sum of KRW 1,400,00 in March 21, 2015, the amount of wages in April 2015, the amount of KRW 2,950,00 in April 2015, the amount of wages in May 1, 2015, the amount of KRW 1,427,419 in May 2015, the amount of KRW 430,80 in the annual settlement refund at the end of May 2014, and KRW 6,208,219 in the amount of KRW 430,80 in the annual settlement refund at the end of May 2014, without an agreement on the extension of the payment period between the parties.

2. The facts charged of the instant 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.

On January 28, 2016, however, after the instant prosecution was instituted, workers D withdrawn the wish to punish the Defendant.

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

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