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(영문) 대전지방법원 천안지원 2018.08.21 2018고정486
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a C representative in South-gu, South-gu, who ordinarily employs three workers and operates restaurant business.

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.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from November 1, 2016 to August 26, 2017 at the above workplace and had retired from the said workplace, and had not paid KRW 322,580 in May 2017, and the monthly wage of KRW 2,00,000 in June, and KRW 2,000 in July wage of KRW 2,00,000 in August wage of August, and KRW 1,67,420 in August wage of KRW 1,67,420 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. The instant crime (violation of the Labor Standards Act) is an offense against which a public prosecution cannot be instituted against the victim’s explicit intent (Article 109(2) of the Labor Standards Act). However, after the instant indictment, the victim expressed that he/she does not want the punishment of 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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