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(영문) 부산지방법원 2015.05.21 2015고단605
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user as the representative director of the Busan Metropolitan Government Co., Ltd., who ordinarily employs four workers in the second floor of the building B in Busan Metropolitan City, and operates video and sound installation business.

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, around January 2014, the Defendant works as an assistant to install a video sound system from August 31, 2013 to January 14, 2014 at the same place of business.

Withdrawn’s wages of KRW 1,200,00 for November 201, 2013, the wages of KRW 1,200,00 for December 2013, and KRW 2,941,940 for the monthly wages of KRW 541,940 for January 2014, without any agreement between the parties on the extension of the due date, payment was not made within 14 days from the date of retirement.

2. In light of the determination, the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the letter of withdrawal received by the court, it can be recognized that the above D has withdrawn the wish to punish the defendant after the indictment of this case was instituted.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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