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(영문) 서울동부지방법원 2015.07.08 2015고단1065
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a business operator who performed B construction work at LHho Lake Construction Site using two regular workers.

The defendant shall work at the place of business from April 30, 2014 to May 14, 2014.

The amount of KRW 5,040,000, total of KRW 2,520,000 for retired workers C and D, respectively, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Article 109(2) of the Labor Standards Act provides that an employer may not prosecute a worker against his/her explicit intent if the employer fails to pay any money or valuables, such as wages, within 14 days after his/her retirement.

However, according to the records, it can be acknowledged that C and D expressed their intent not to have the defendant punished after the institution of the instant prosecution.

3. According to the conclusion, 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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