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(영문) 서울북부지방법원 2016.04.05 2015고정2452
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an individual architect who resides in Jung-gu Seoul Metropolitan Government B and engages in interior repair business using one full-time worker.

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, from November 2, 2014 to November 4, 2014, the Defendant did not pay KRW 360,000 of the E’s wages of three days working at the D site located in Dongdaemun-gu Seoul Metropolitan Government, and KRW 1,620,00 of the E’s wages of nine days working at the F-si site of racing from November 5, 2014 to November 13, 2014, and KRW 90,000 of the E’s wages of three days working at the G apartment site at the G apartment site without agreement between the parties on the extension of payment period.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s intent specified in Article 109(2) of the same Act.

In such a case, the victim E submitted to this court the "agreement" stating that he does not want punishment for the defendant on February 12, 2016, which was after the indictment of this case was instituted, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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