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(영문) 전주지방법원 2014.07.25 2014고정301
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Yeongdeungpo-gu Seoul Metropolitan Government, is an employer who runs a construction business with 30 full-time employees.

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 in extenuating circumstances.

Nevertheless, the Defendant is working at the construction site of the E-park located in the former North-gun from February 22, 2013 to April 10, 2013.

In April 2013, F’s wage of KRW 1,210,000 and G’s wage of KRW 660,000 for April 2013, the total wage of KRW 1,870,000 for retired workers was not paid respectively within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

2. The determination is based on Article 109(1) and Article 36 of the Labor Standards Act, which cannot be prosecuted against the express will of the victim under Article 109(2) of the Labor Standards Act.

However, according to the records of this case, the victims have withdrawn all their intent to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act and it is so decided as per Disposition.

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