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(영문) 서울북부지방법원 2019.07.24 2019고단2052
근로기준법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is an electrical construction business operator in Dobong-gu Seoul Metropolitan Government who operates electrical construction business with five workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 did not pay KRW 1,330,000 for the total wages of five workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes, as shown in the attached list of crimes, in relation to multi-household Newly built construction works in Gyeonggi-gu Group C, from December 3, 2017 to December 16, 2017, as well as the payment of KRW 3,50,000 for the total wages of KRW 3,50,000 for each party, as described in the attached list of crimes.

2. Determination is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, after the prosecution of this case was instituted, each of the victims expressed his wish not to punish the defendant.

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

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