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(영문) 창원지방법원 2018.06.01 2018고단1065
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user engaged in beauty and beauty business as the representative of “C” in the window B of Changwon-si, Changwon-si.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred.

However, the Defendant, from January 3, 2017 to November 19, 2017, did not pay D’s total wages of KRW 4,388,752 ( KRW 383,058, February 38, 2017; KRW 463,980, October 2017; KRW 463,980, November 293, 2017; and KRW 854, Nov. 293, 2017) within 14 days from the day on which the grounds for payment occurred, without an agreement between the parties on the extension of payment period.

2. Determination and conclusion are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, it is recognized that the above worker expressed his/her wish not to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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