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(영문) 부산지방법원서부지원 2020.11.20 2020고단1113
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is a business owner who is engaged in restaurant business and employs two full-time workers as the representative of the Gangseo-gu Busan Metropolitan City cafeteria.

When a worker 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, who entered the same workplace on May 1, 2018 and worked as the delivery source on July 9, 2019, did not pay 6,00,000 won of D's wages in July 2018, 129, 129,040 won in May 9, 2019, 2,600 won in June wage, 2,600, and 6,000,000 won in arrears within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. This part of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act.

On September 22, 2020, D drafted a written agreement to the effect that the defendant does not want to be punished, and the said agreement was submitted to this court on September 23, 2020.

Ultimately, since the employee stated in this part of the facts charged can be deemed to have expressed his intention not to punish the defendant after the prosecution of this case, it is so decided as per Disposition in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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