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(영문) 의정부지방법원 2015.05.08 2014고단3891
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the “stock company D” in Dongducheon-si, is an employer who runs the clothing manufacturing business by ordinarily employing 25 workers.

When a worker dies or 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, while working in the said workplace from around December 6, 2013 to May 27, 2014, did not pay the total of KRW 32,050,449 of wages of 19 workers within 14 days from the date of retirement, as shown in the separate crime list, including the fact that: (a) the sum of KRW 583,810, and KRW 1,062,250 of wages of February 2, 2014; and (b) the amount of wages of April 2, 2014; and (c) 2,060,460, and 2,060 of wages of May 2, 2014, without any agreement on the extension of the due date between the parties; and (d) the amount of wages of KRW 32,050,449, respectively,

2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, it is recognized that workers E, F, G, H, I, J, K, L, M, N, P, P, Q, Q, R, T, U, V, and W have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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