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(영문) 수원지방법원 안산지원 2017.05.11 2016고단2788
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who engages in construction business with two full-time workers, as the C representative in Ansan-si, a member B and 202, Ansan-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant worked at the opening of the office of Bupyeong-gu Incheon Metropolitan Government D office from January 18, 2016 to January 26, 2016, and worked for E retired from office in January 1, 2016 and from January 18, 2016 to January 28, 2016, and did not pay 3,040,000 won of wages of January 1, 2016 to E retired from office within 14 days from retirement without an agreement on extension of the payment date between the parties.

2. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to records, the above E and F can be acknowledged as the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case.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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