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(영문) 대구지방법원 안동지원 2013.10.29 2013고단326
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual management owner of (State)C located in Bupyeong-gu, Incheon Metropolitan City.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurs.

1. Around December 11, 2012, the Defendant is working at a new E Hospital construction site D in the case of permanent residence performed by the said company.

In addition to the failure to pay 1,360,000 won to retired F, the total amount of 19,160,000 won to 10 workers as shown in the attached Table 1 of Crimes List has not been paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Around January 20, 2013, the Defendant is working at a new E Hospital construction site D when he/she permanently performs the foregoing company.

In addition to the failure to pay 2,170,000 won to retired G, the total of 16,970,000 won to 13 workers was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment as shown in the attached Table 2.

2. The facts charged in the instant case are crimes 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. According to the records of the instant case, it can be acknowledged that the instant worker expressed his wish not to punish the Defendant after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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