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(영문) 청주지방법원 충주지원 2013.06.26 2013고정130
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a representative director C (main director) in Chungcheongbuk-gun B, who ordinarily employs ten workers and operates a comprehensive construction business.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there is an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant did not pay 15,50,000 won in total as stated in the attached crime list, including D’s wage of KRW 1,300,000 as of March 2, 201, which worked as miscellaneously from April 2, 2007 to November 20, 201 at the above workplace, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

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 explicit intent pursuant to Article 109(2) of the same Act. According to the records, the victim D withdraws his/her wish to punish the defendant on or around April 2, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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