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(영문) 창원지방법원 2013.08.06 2013고정420
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as a representative of C in the facts charged, is an employer who employs 15 regular workers and engages in the pipe manufacturing business.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant is working in contact with the above workplace from July 16, 2012 to September 28, 2012.

The employer did not pay the total amount of KRW 18,095,00,000 for five workers stated in the attached Form D, etc. within 14 days from the date of the occurrence of the cause of the payment, without any agreement on extension of the due date between the parties concerned.

2. We examine the judgment, and the facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the express will of the victims under Article 109(2) of the Labor Standards Act. According to each of the “agreement” and “tel report,” which are bound in the trial records, the victims withdraw their wish 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(6) of the Criminal Procedure Act.

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