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(영문) 창원지방법원 마산지원 2018.11.29 2018고정280
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendants are those who jointly operate telecommunications construction business with the trade name called “D” in Daegu-gu, Daegu-gu, and ordinarily use four workers, and the Defendants were the users who contracted the “F New Construction Project” in the “F-based E” site located in Changwon-si, Changwon-si, Busan-si, Seoul-si, and subcontracted the F-based Telecommunications Line Co., Ltd. to the Defendant.

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.

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

Nevertheless, the Defendants conspired to provide labor until February 28, 2018 at the construction site and did not pay KRW 810,000 in the wages of November 2017, and KRW 1,530,00 in the wages of December 2017, and KRW 2,340,00 in the aggregate within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. The offense following the instant facts charged is an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and the offense cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the said Act.

In doing so, according to the contents of a copy of the agreement bound in the public trial records, the victim G, who was written in the above facts charged, expressed his/her intent to not want punishment against the Defendants on November 15, 2018, after the prosecution of this case was instituted (the authenticity of the intent stated in the above agreement was recognized through the telephone confirmation of this court against G). Accordingly, in this case, the victim G expressed his/her wish not to prosecute a case that cannot be prosecuted against the intent expressed by the victim, or desire to punish the victim.

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