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(영문) 창원지방법원 마산지원 2015.04.10 2015고단201
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is the representative of the C Company in Changwon-si, Changwon-si B and 406 and runs the sales business by making use of one regular worker.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 the wages of KRW 1.8 million in October 2014, which were 1,80,000 from September 3, 2014 to November 3, 2014 at the same place of business, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

According to the records, the victim D could recognize the fact that he/she has withdrawn his/her wish to punish the defendant on February 4, 2015, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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