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(영문) 서울남부지방법원 2019.07.18 2019고정765
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of Geumcheon-gu Seoul Metropolitan Government Dispute Resolution D, is an employer who runs a service business using five regular workers.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 1,050,50 on April 2, 2018 to August 19, 2018, the sum of KRW 1,376,980 on May 2018, and KRW 3,857,237 on June 2018, without agreement on extension of the due date between the parties to the contract, within 14 days from the date of retirement.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the employee’s explicit intent under Article 109(2). According to the trial records, it is recognized that the employee E received wages in arrears from the Defendant and withdraws his/her wish to punish the Defendant on or around May 17, 2019. Thus, the public prosecution against the Defendant 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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