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(영문) 전주지방법원 2013.10.23 2013고정333
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who employs two full-time workers as the representative director of D, Co., Ltd., Ltd., in the Jeonjin-gu Seoul metropolitan area, and engages in construction 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant was employed by the Defendant from July 18, 201 to March 20, 201, and worked for the said company, with the wage of 2,145,00 won in July 201, 201, the wage of 3,50,000 won in September 3, 201, the wage of 3,50,000 won in September 3, 200, the wage of 3,50,000 won in October 3, 201, the wage of 0,50,000 won in November 3, 200, the wage of 0,50,00 won in December 3, 201, the wage of 10, 200, the wage of 10,50,000 won in December 3, 200, 200, the wage of 10,3000 won in March 20, 2011.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. According to the records of this case, the victims have withdrawn their wish to punish each Defendant on September 23, 2013 (victim E) and October 14, 2013 (victim F) after the prosecution of this case was instituted.

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