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(영문) 서울동부지방법원 2016.10.11 2016고정1416
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the user who runs a construction business (theme) with five regular workers as the C representative director of the Songpa-gu Seoul Metropolitan Government, located in B.

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.

Nevertheless, the Defendant did not pay 6,710,000 won in total to 5 workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment without an agreement between the parties concerned, as stated in the attached Table, including F’s wage of 1,440,000, work in the same site from February 1, 2016 to February 18, 2016, when he/she performed stone work inside and outside of the building site in Songpa-gu Seoul Metropolitan Government D Corporation.

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

However, after the prosecution of this case, the victims have withdrawn their wish to punish the defendant by submitting a written agreement stating that they do not want to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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