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(영문) 춘천지방법원 2018.05.03 2018고정58
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person in charge of the office of Busan District Court B and 2-C located in Busan District Court.

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 did not pay the sum of KRW 2,452,130, wage of KRW 2,484,960 on December 14, 2016, work as the site warden from around December 14, 2016 to January 2, 2017, and KRW 32,830, wage of KRW 2,484,960 on January 2, 2017, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

2. The determination is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and the case cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the confirmation document (written application) attached to the trial record, the victim F expressed his/her intention not to be punished against the Defendant on April 19, 2018, after the instant indictment, so the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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