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(영문) 전주지방법원 2015.03.13 2015고단6
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs two full-time workers as the representative of a personal farm located in B in Kim Jong-si and engages in culture and retail business.

When a worker retires, the employer shall pay the wages within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by the agreement between the parties if there are special circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 2,50,000 from July 6, 2014 to August 20, 2014 of C, who worked in the said workplace from June 1, 2014 to August 20, 2014, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned.

2. Public prosecution is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be instituted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the statement in the letter of withdrawal of complaint prepared by C which was bound in the records, it can be recognized that C, a victim, withdraws his/her wish to punish the defendant on January 5, 2015, which was after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.

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