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(영문) 의정부지방법원 고양지원 2014.07.16 2014고단1176
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative in the case of strike B, who is an employer who engages in book business using five regular workers.

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

Nevertheless, the defendant works from May 2, 2013 to June 20, 2013 at the above workplace.

With respect to retired workers D, a total of 4.6 million won in arrears, such as wages of 2.8 million won in May 2013 and wages of 1.86 billion won in June 2013, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of payment due date.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which are crimes of non-compliance under Article 109(2) of the Labor Standards Act. According to the records, it is recognized that the victim fully withdraws his/her intent to punish the defendant after the prosecution in this case was instituted. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act

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