beta
(영문) 광주지방법원 2018.04.10 2018고정209

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a manufacturing business with 20 full time workers as the representative director of C, a stock company in the Jeon Sung-gun, Nam-gun.

The Defendant had worked in the said workplace from October 11, 2016 to May 30, 2017, and had retired workers D’ wages of KRW 832,560 on February 2, 2017, and KRW 2,384,200 on March 3, 2017, KRW 2,749,750 on April 2, 2017, and KRW 8,389,90 on May 2, 2017, did not pay wages of KRW 2,423,39,90 on May 30, 201 without agreement on the extension of the payment date between the parties.

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 will expressed by the victim pursuant to Article 109(2) of the same Act.

In such a case, on March 22, 2018, after the prosecution of this case, the above D submitted a written agreement to withdraw the Defendant’s wishing to punish the Defendant, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.