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(영문) 창원지방법원 2019.06.19 2019고정244
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative of the C cafeteria located at the window B of Changwon-si, is an employer who runs restaurant business using three regular workers.

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

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

Nevertheless, the Defendant did not pay the sum of the D’s wages of 700,000,000 won in November 18, 2018, the monthly wages of 2,300,000 won in December, 19, and the total of 3,200,000,000 won in January 19, without agreement on the extension of the due date for payment between the parties, within 14 days from the date of the retirement, which is the date of the occurrence of the cause for payment.

2. The facts charged in this case, which are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, shall not be prosecuted against the will expressed by the victim under Article 109(2) of the same Act.

However, since D, the victim, submitted a written agreement that he did not wish to punish the defendant after the prosecution of this case, this part of the prosecution against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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