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(영문) 수원지방법원 2014.01.22 2013고정2970
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative of the 6th floor of the building B in Osan, who runs the Chinese restaurant business using four regular workers.

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 had worked from December 3, 2012 to May 4, 2013 at the said workplace and had retired from the said workplace, and had not paid KRW 233,000 as wages of March 2013, wages of April 2013, wages of KRW 2,600,000 as wages of May 2013, and KRW 167,000 as wages of KRW 3,00,000 as wages of May 2013, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The instant facts charged cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. Since the said employee expressed his/her wish not to punish the Defendant on January 17, 2014 after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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