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(영문) 서울중앙지방법원 2016.09.22 2016고정423
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a representative of Gangnam-gu Seoul, Seoul, 9 Dong 102, who ordinarily employs four workers and runs indoor tech fishing.

When a worker retires, an employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred, unless there exists an agreement on extension of the date of payment between the worker and the employer.

Nevertheless, the Defendant did not pay KRW 2,040,00, total of KRW 1,530,000 on November 1, 2013, and KRW 2,040,000 on December 201, 2013, to the retired workers E, at the construction site of the interior room of the Seocho-gu Seoul Metropolitan Government 102 Dong 1901, Dong 1901, and from November 18, 2013 to December 17, 2013, without an agreement between the parties on the extension of the payment date.

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 Labor Standards Act. The employee E, after the instant indictment, has withdrawn his/her wish to punish the Defendant on May 31, 2016. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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