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(영문) 창원지방법원 마산지원 2013.04.30 2013고정15
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who is the representative of Changwon-si B Hospital in Changwon-si and engages in medical service business using 40 full-time workers.

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

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

Nevertheless, the Defendant did not pay KRW 28,00,000,000 on May 2, 2012, 201, and the total of KRW 14,000,000 on June 2012, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement on extension of the due date between the parties concerned.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to the statement of withdrawal of complaint filed in the trial records, it is clear that the victim withdraws his wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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