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(영문) 전주지방법원 2015.04.15 2015고정13
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the limited liability company C located in the Full-time Seoul Metropolitan City B, is an employer who employs six full-time workers and operates a building business.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is employed as a daily employed worker from April 4, 2014 to May 3, 2014 at the site of the waterworks expansion works executed by the former North Korean-gun.

Wages 1,862,00 won, E wage 1,920,000 won, and F wage 1,859,000 won, and 5,641,000 won, without agreement between the parties to the extension of the due date, were not paid within 14 days from the time when the cause for such payment occurred.

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 of withdrawal of the petition written by D, E, and F bound in the records, it can be recognized that the victim worker D, E, and F has withdrawn the wish to punish the defendant on January 5, 2015, which is after the prosecution of this case.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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