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(영문) 광주지방법원 2020.05.08 2019고정974
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative director of B (ju) and the employer who runs construction business using 11 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 the cause for such payment occurred.

Nevertheless, the Defendant is working at the CMaintenance Work site located in the city from October 1, 2018 to October 30, 2018.

The retired worker D's wages of 510,000 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, according to the records, on May 8, 2020, after the prosecution of this case, the injured worker withdrawn his/her wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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