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(영문) 광주지방법원 순천지원 2017.04.26 2017고단174

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who employs 70 full-time workers as the representative director of E Co., Ltd., Ltd., Inc., Ltd., and operates steel structure and bridge stuffing work.

The Defendant did not pay 14 days from each retirement date, without agreement on the extension of the payment date, totaling KRW 437,70 on December 2, 2015, the wage of KRW 475,680 on January 2, 2016, and KRW 1,570,640 on March 3, 2016, including KRW 1,570,640, and KRW 39, total sum of KRW 118,175,416, and KRW 30, as indicated in the list of crimes in the attached list of crimes.

2. The above facts charged constitute Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Labor Standards Act, respectively, and thus, the Defendant may not be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Labor Standards Act.

In doing so, the phrase “written agreement and withdrawal of complaint” that all 41 workers listed in the attached list of crimes do not want to be punished by the defendant was submitted to this court on February 17, 2017, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.