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(영문) 대전지방법원 서산지원 2014.09.19 2014고단636
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a survey and design business using three full-time workers at the time of the truth-finding.

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 is working in the above workplace from March 2, 2006 to February 28, 2012.

Without agreement on the extension of the due date for payment between the parties concerned, a retired worker D's total amount of 38 million won has not been paid within 14 days from the date of retirement.

2. The instant case 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 pursuant to Article 109(2) of the Labor Standards Act. According to the records, the victim can be aware of the fact that he/she submitted a written withdrawal of complaint to the court and expressed his/her wish not to punish the Defendant on September 17, 2014, which was after the instant indictment was instituted. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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