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(영문) 광주지방법원 2019.06.25 2019고정397
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the C Co., Ltd. in the Seo-gu and the second floor of Gwangju, who runs a construction business using four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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, from May 1, 2016 to August 31, 2016, the Defendant is working at the new construction site of reinforced military units.

The retired E's wage of 4,626,760 won in August 2016 was not paid within 14 days from the date of retirement without any agreement between the parties on 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. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

According to the records, the employee E expressed his/her wish not to punish the defendant on June 11, 2019, which was after the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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