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(영문) 창원지방법원 2017.03.24 2016고정1149
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C in Kimhae-si, who ordinarily employs eight workers and operates a manufacturing business, and is an employer.

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

Nevertheless, the Defendant did not pay the total amount of KRW 3,794,230 of the money in arrears with three foreign workers within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, as well as KRW 1,078,00 of the wage in June 2, 2016 of D (D, the Philippines) of foreign workers D, who retired from the said workplace as production from May 2, 2016 to June 16, 2016, as well as KRW 3,794,230 of the money in arrears with three foreign workers, without any agreement on the extension of payment period between the parties.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the express will of the victim by a worker under Article 109(2) of the Labor Standards Act. According to the records, the above three workers are aware of the fact that the above three workers expressed their intent not to be punished against the defendant on March 2017, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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