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(영문) 서울북부지방법원 2017.05.18 2017고정546
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the representative director of the Seoul Jung-gu Seoul Central Government and the Seoul Central District Dispute Resolution Co., Ltd., who ordinarily employs five workers and operates software development business.

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

Nevertheless, the Defendant did not pay KRW 1,340,00,00 in total, including KRW 60,00 in June 2016, and KRW 1,280,00 in July 2016, to D workers who retired from office as software developers from June 16, 2016 to July 27, 2016, within 14 days from the date of retirement without an extension agreement between the parties on the payment date.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent in accordance with Article 109(2) of the same Act.

In this regard, according to the written agreement bound in the trial records, the victim has withdrawn his/her wish to punish the defendant on May 10, 2017, which was after the prosecution of this case.

Accordingly, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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