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(영문) 서울남부지방법원 2017.05.31 2016고단6273
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Yangcheon-gu Seoul Metropolitan Government Building No. 2711, is an employer who runs an architectural design service business using seven full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the defendant at the above workplace was employed from December 25, 201 to July 14, 2012 at the above workplace and retired from the above workplace on February 2012, 201, and 45 million won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of payment period, as shown in the list of crimes in the attached Table.

2. The facts charged of 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 pursuant to Article 109(2) of the Labor Standards Act.

According to the records, it is recognized that all workers expressed their intent not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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