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(영문) 부산지방법원 2020.06.03 2020고단743
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user who is the representative director of Busan Jin-gu, Busan, who is in charge of operating a construction business with seven regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 if special circumstances exist.

Nevertheless, the Defendant employed as a daily worker and did not pay the F 4,400,000 won, including the daily wage of KRW 5,00,000,000, G wage of KRW 3,150,000 during the period from December 2, 2017 to February 2, 2018, as stated in the attached Form, within 12,50,000 as of the date of the occurrence of the cause for payment, without any agreement on the extension of the payment period between the parties concerned, as stated in the attached Form.

2. In the case of the facts charged of this case, the prosecution cannot be instituted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the victims expressed their intent not to be punished against the defendant after the prosecution of this case.

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

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