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(영문) 창원지방법원 2015.01.09 2014고정813
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the C Co., Ltd. located in Busan Jung-gu, which ordinarily employs 45 workers and operates a comprehensive 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.

Nevertheless, the Defendant, from September 17, 2012 to August 1, 2013, paid 11,00,000 won in total, including D’s wage of 3,66,670 won on May 1, 2013, and wage of 3,66,670 won on June 6, 2013, and wage of 3,66,66,670 won on July 3, 2013, and wage of 3,66,670 won on July 1, 2013, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date for payment.

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 victim’s express intent under Article 109(2) of the same Act. According to the “agreement and application for no punishment,” which are bound in the public trial records, it is clear that the victim has withdrawn his wish to punish the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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