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(영문) 창원지방법원 2020.04.07 2019고정616
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the actual representative of Sungwon-si C in Seongbuk-gu, Changwon-si, is an employer who employs one full-time employee and operates indoor interior interior interior interior fisheries.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant works in the above workplace from February 27, 2019 to March 5, 2019.

On March 2019, retired workers D did not pay KRW 750,000 on March 3, 2019 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension

2. The offense charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the offender against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act.

However, on April 7, 2020, the victim worker D expressed his/her intention that he/she does not want punishment against the defendant on the date of trial.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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