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(영문) 수원지방법원 안산지원 2018.11.14 2018고정703
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as an individual constructor, is an employer who runs a construction business with six regular workers.

An employer shall, when a worker retires, pay his/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurs, except where the date is extended by an agreement between the parties concerned in extenuating circumstances.

Nevertheless, from June 1, 2017 to August 31, 2017, the Defendant did not pay KRW 4,636,000, total of KRW 1,995,000 on June 6, 2017, and KRW 4,636,00 on August 8, 2017, within 14 days from the date when the grounds for payment occurred without an agreement on the extension of the payment date between the parties.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records of this case, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 19, 2018, which was after the prosecution of this case was instituted.

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

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