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(영문) 대구지방법원 영덕지원 2020.02.05 2019고단250
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who has executed the new construction work of Gyeongjin-gun, Ulsan-gun, etc. using a full-time employee under the Daegu-gu building B or C, a full-time employee under subparagraph (C).

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant did not pay KRW 1,500,000 as of September 16, 2019 of the retired workers E on September 16, 2018 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. The facts charged in 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 the written agreement prepared by the victim E which is bound in the public trial records, the fact that the victim expressed his/her wish not to punish the defendant after filing a request for a summary order is recognized. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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