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(영문) 인천지방법원 2019.06.13 2019고단1131
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs construction business without trade name.

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 offered labor from May 197 to December 29, 2015 to retired workers C’s wage of KRW 1 million on March 3, 2015, and each wage of KRW 28 million from April 2015 to December 2015, without any agreement between the parties on the extension of the payment date between the parties.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records, it is recognized that C, the victim’s employee, expressed his/her wish not to punish the Defendant after the instant indictment, and thus, the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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