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(영문) 인천지방법원 2020.02.11 2019고정1613
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs interior business with four regular workers without trade names.

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.

Nevertheless, the Defendant provided labor from April 23, 2018 to July 8, 2018, and did not pay 4.7 million won, including the total of 1.4 million won for retired workers B’ wages in May 2018, 2018, the wage of 2.3 million won in June 23, 2018, the wage of 80 million won in July 2018, and the transportation cost of 200,000 won in July 2018, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019), and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the records, on February 11, 2020, after the indictment of this case was instituted by the employee B, who is the victim of the facts charged of this case, expressed his/her intention not to punish the defendant. Thus, this part of the indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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