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(영문) 의정부지방법원 2018.10.17 2018고정740
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the D representative in Scheon-si C, runs a construction business by employing two full-time workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the payment deadline may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay KRW 2,600,000, the sum of the wages of KRW 1,600,000 on May 28, 2017 and the wages of KRW 2,600,000 on June 6, 2017, to two sites, such as the F site in Yangju-si, from April 28, 2017 to June 9, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

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 explicit intent pursuant to Article 109(2) of the same Act.

In such a case, on October 15, 2018, a worker had expressed his wish not to punish the Defendant after the instant indictment was instituted, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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