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(영문) 창원지방법원 마산지원 2014.08.21 2014고단658
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The defendant of a factory in the factory room is an employer who employs five full-time workers as the representative director of C in the Gyeonggi-do, who operates a construction business after employing five full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay KRW 360,000 paid annual paid leave allowances of KRW 960,000, weekly paid leave allowances of KRW 1,80,000, and KRW 8,83,069, which was the aggregate of KRW 863,069, September 15, 2012, from May 15, 2012 to November 14, 2012, E, working as D, at the construction site for the Haban Haban-gun, Haban, Haan-gun, Haban-gun, Haban-gun, Haban-gun, Haban, Haban-gun, Haban-gun, Haban-gun, Haban-gun, Haban-gun, Haban-gun, without agreement between the parties concerned on the date of payment extension.

The above facts charged 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 Labor Standards Act. The records of this case show that the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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