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(영문) 대전지방법원 2016.03.25 2015고단3968
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is an employer who runs a construction business with four full-time employees as a personal architect with no separate trade name at the site of new urban row construction works in Daejeon-gu, Daejeon-gu.

When a worker retires, the employer shall pay wages and all other money and valuables within 14 days from the date of retirement unless there exists an agreement between the parties to the extension of the payment date.

Nevertheless, the defendant worked as a worker for day duty from April 2, 2014 to June 23, 2014 at the same construction site and did not pay the aggregate of the wages of 1,950,000 won for April 2, 2014, the wages of 2,100,000 won for May 2, 2014, and the wages of 1,650,000 won for June 2, 2014, and the wages of 5,650,000 won for five hundred and sixty days from May 14, 2014 to June 9, 2014, and the retirement worker did not pay the total of those wages of 90,000,000 won for five months from May 2, 2014, 200, 2000,010 and 60,010,000 won for retirement as well as 608,000 won for retirement.

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 same Act.

According to the records of this case, the victims submitted the withdrawal of each complaint to this court on November 13, 2015 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.

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