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(영문) 수원지방법원 안산지원 2021.01.07 2020고정699
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The defendant is an employer who is a person in charge of business management who employs four full time workers as the representative director of the DD of the building B in time of war.

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

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

Nevertheless, the Defendant did not pay the total amount of wages of KRW 7,574,190 including the total amount of wages of KRW 1,800,800 in November, 2019, KRW 1,800 in December, 2019, KRW 1,800 in December, 200, KRW 1,800 in January, 2020, KRW 1,800 in February, 200, KRW 1,800 in February, and KRW 1,800 in February, and KRW 1,80 in March, 200, and KRW 174,190 in March, and KRW 174,574,190 in March, without an agreement between the parties to the extension of the payment date.

2. The instant facts charged constitute a crime falling under Articles 109(1) and 36 of the Labor Standards Act where a public prosecution cannot be instituted against the victim’s express intent pursuant to Article 109(2) of the same Act. Since the victim’s employee after the instant indictment expressed his/her intent not to punish the Defendant, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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