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(영문) 대구지방법원 김천지원 2014.03.12 2013고정457
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual owner of EM in Gumi-si, Gumi-si, who runs a private teaching institute with 17-18 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, on March 16, 2011, the Defendant did not pay the unpaid wages of KRW 2,987,758, and KRW 3,032,225 to G retired on the same day, and the unpaid wages of KRW 3,219,387, retirement allowances of KRW 8,235,410, and unpaid wages of KRW 3,268,258, and KRW 20,743,038, which were unpaid wages to H retired on the same day, within 14 days from the date of retirement, 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 same Act. According to the records, the above workers' expression of intent to punish the defendant after the prosecution in this case was withdrawn. Thus, the prosecution in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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