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(영문) 서울동부지방법원 2015.05.15 2015고정368
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Seoul and 407 Co., Ltd., is an employer who runs a construction business with five full-time workers.

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.

Nevertheless, the Defendant did not pay the monthly wage of KRW 2,536,260, the sum of wages in arrears of KRW 2,518,410 from February 1, 2012 to January 31, 2014 at the same place of business within 14 days from the date of retirement without agreement on extension between the parties’ payment dates.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

According to the records of this case, on May 15, 2015, which was after the prosecution of this case, the victim D withdrawn his wish to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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