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(영문) 청주지방법원 2015.09.25 2015고정548
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant who ordinarily employs two workers as the representative of Cheongju-si B and 201 as the representative of Cheongju-si.

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 an agreement between the parties in extenuating circumstances.

From May 1, 2013 to October 7, 2014, the Defendant worked as landscaping workers and did not pay KRW 2,400,000 in the wages of July 2014, 2014, wages of 2,280,000 in August 2014, wages of 2,280,280,000 in September 2014, and wages of 360,320,000 in October 2014 within 14 days from the date of retirement without agreement between the parties concerned.

2. The instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s will under Article 109(2) of the Labor Standards Act.

However, according to the written agreement, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on September 18, 2015, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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