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(영문) 서울남부지방법원 2014.04.10 2014고정617
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Guro-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who runs the radio telephone manufacturing business using 23 regular workers.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant worked in the above workplace from March 18, 2002 to November 30, 202 and did not pay the total of nine months (9,901,477 won from March 18, 2002 to November 30, 2002 and the total of nine months (9,901,477 won from March to November 11, 2002) from February 13, 2001 to November 8, 2002, E's wages (10,31,525 won from July 18, 2002 to retirement pay for retirement pay (14,417,985 won in total), 24,319,462 from the date of retirement without agreement between the parties to the extension.

2. The facts charged in this case are crimes falling under Articles 112 and 36 of the former Labor Standards Act (amended by Act No. 7465 of March 31, 2005) and cannot be prosecuted against the victim’s explicit intent. Since workers submitted a written agreement that they would not want punishment of the defendant on March 13, 2014 after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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