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(영문) 전주지방법원 2014.11.05 2014고정832
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a construction business by employing three full-time workers as a manager in charge of the management plan of the Seoul Metropolitan Government-gu B 1st, Seoul Metropolitan City.

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 in extenuating circumstances.

Nevertheless, the Defendant is working in the above workplace from December 2, 2013 to March 20, 2014.

The retirement D's wages of 1,500,000 won for January 2014 and the total amount of 5,613,640 won for two retired workers, as shown in the separate list of crimes, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Examination of judgment, which is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records of this case, the victims have withdrawn all their intent to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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