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(영문) 창원지방법원 2013.04.16 2012고정1408
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who runs the business of manufacturing shipbuilding machinery and equipment by ordinarily employing eight workers under the trade name of Kimhae-si C.

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 if special circumstances exist.

Nevertheless, the defendant is working for production from August 9, 2010 to the above workplace.

The payment of the total amount of wages and retirement allowances of 12,781,370 won, including part of wages 348,370 won on May 13, 2012 of D's retirement on May 13, 2012, was not made within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to each "agreement" which is bound in the trial records, it is clear that the victims have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, all of the indictments of this case are dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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