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(영문) 대구지방법원 2014.05.23 2014고정502
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of Daegu Suwon-gu C, Inc., Ltd., the Defendant, who runs the signboard manufacturing business using four full-time workers.

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working in the above workplace from April 1, 201 to July 31, 2013.

D’s wages of KRW 1,50,000 in March 2013, and KRW 2,50,000 in April 2013, and KRW 2,50,000 in May 2013, and KRW 2,50,000 in June 2013, and KRW 11,748,790 in July 2, 2013, did not extend the due date by an agreement between the parties, but did not pay KRW 11,748,790 in total within 14 days from the date of retirement on which the cause for the payment occurred.

2. The facts charged in this case are crimes falling under Article 109(1) 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 According to the records of this case, it is acknowledged that D, the victim of this case, has withdrawn his/her intent to punish the defendant by mutual consent with the defendant around May 22, 2014 after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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