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(영문) 대전지방법원 천안지원 2014.06.17 2014고정323
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who is the actual manager of “D” located in Asan City and is engaged in food business by employing three full-time workers. If a worker retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the date of retirement, unless there is an agreement between the parties to the extension of the due date for payment. However, the Defendant offered labor from June 6, 2007 to November 13, 2013 at the above place of business and did not pay wages of KRW 6,480,000 from the date of retirement within 14 days from the date of retirement, without the agreement between the parties to the extension of the due date

2. The judgment 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 pursuant to Article 109(2) of the Labor Standards Act. The employee E withdraws his/her wish to punish the Defendant on June 17, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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