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(영문) 대전지방법원 2017.11.23 2017고정941
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an individual architect residing in Daejeon-gu, Daejeon-gu, who employs one full-time worker and runs a personal construction business at the Seo-gu, Daejeon-gu, Daejeon-gu Electric Construction Site.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from May 1, 2014 to August 31, 2014, the Defendant did not pay 4,200,000 won of the F ( South, 49 years old)’s wage of 4,200,000 won from the date of retirement within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. This part of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the written withdrawal of a complaint and the written application for non-prosecution of punishment withdrawn on November 22, 2017, it is recognized that the victim has withdrawn his/her wish to punish the defendant after the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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