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(영문) 청주지방법원 2015.07.03 2015고단410
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant of the facts charged in the instant case is the representative director of Jincheon-gun, Jincheon-gun B, who employs 12 full-time workers and operates a pharmaceutical manufacturing business.

When a worker retires, the employer shall pay the wages 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 did not pay KRW 15,356,657, monthly wage of KRW 2,07,957, monthly wage of November 2013, monthly wage of KRW 3,714,650, monthly wage of January 2014, monthly wage of KRW 3,714,650, monthly wage of KRW 4,808,310, monthly wage of KRW 1,111,09, and monthly wage of KRW 15,356,657 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

2. The judgment of the court below 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 under Article 109(2) of the Labor Standards Act. According to the witness D’s testimony, the victim may be acknowledged as having withdrawn his/her wish to punish the defendant after the indictment of this case was instituted.

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

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