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(영문) 전주지방법원 2018.12.20 2018고단823
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the employer who runs a construction business using six workers at the site of the new construction of private housing located in Geumcheon-gu Seoul Metropolitan City.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an extension of the date by an agreement between the parties concerned, on the grounds of special circumstances.

Nevertheless, the Defendant had worked at the above site from September 1, 2017 to November 20, 2017, and had not paid the total of KRW 12,445,000 for three retired workers within 14 days from the date of retirement without any agreement on the extension of payment date between the parties, as shown in the list of crimes in the attached Table, including KRW 475,00 for the part-time wages of October 2017, and KRW 3,230,00 for the part-time wages of November 2017.

2. The facts charged of the instant case are charges of violating Articles 109(1) and 36 of the Labor Standards Act, and each of the above crimes cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act.

On December 17, 2018, after the prosecution of this case was instituted, according to the defendant's non-written application for punishment submitted by his/her defense counsel, the injured workers explicitly expressed their intent not to punish the defendant.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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